Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, January 26, 2022 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: Public Hearing Ms. Williams opened the hearing at 7:13pm. Mr. McGill read the Open Public Meetings Act. Memorialize Resolution 2022-3 816 S. Clinton Ave. **Carol Graff and Mary Horne both voted to memorialize the resolution as they were the only 2 who voted ‘no’ on the motion that failed during the hearing in which this matter was heard. Member Aye Nay Abstain Motioned Seconded Carol Graff X X Mary Horne X X 21-Z-325RU 325 Rutherford Avenue BL: 4601 L: 40 Residential “B” Zone Central West Redevelopment Area Appeal by Attorney Erica Edwards on behalf of he 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. Ms. Erica Edwards, Esq. representing the Applicant Mershadey Kershaw indicated that the Applicant is seeking a C1 bulk variance for parking and a D1 variance in order to continue to use the structure as a two family unit. Ms. Mershadey Kershaw and Mr. David Brand were sworn in. Mr. Brand presented his credentials and was accepted as an expert in Architecture before this Board. He provided an overview of the plans for 340 Rutherford Avenue and explained that the tenants that Ms. Kershaw has in mind for the rentals are not able to afford a 4-bedroom home, nor do they need to have that many bedrooms being single people without children. He noted that the Master Plan does encourage multi-family dwellings. He described the trends that are underway that support this project. Referencing a screen share by Mr. Kolber, Mr. Bland described the site plan for the property. The exterior brick of the building will remain, but the interior floor joists and walls are all deteriorating, so this must be rebuilt. There is a stairway that is still in place that was not a fire stairway. Mr. Bland found that the property was so deteriorated no survey was able to be done to confirm it was used as a two-family home. Ms. Edwards indicated that the history of the property is that the property was used as a two-family home. Ms. Kershaw indicated that the utilities that are there are set up for two separate structures, which confirms that it was in use 20 years ago before being abandoned as a two-family unit. She noted that when she purchased it at the City of Trenton’s auction, she did not know that if it had remained unoccupied for more than 16 months, it would revert to single-family use. The Applicant believes the issue before the Board is ‘abandonment of the pre-existing non-conforming use’. Mr. McGill recommended that if it was an allowable two-family structure there would be a recorded variance for this site. The Applicant has to prove that there is a right to the pre-existing use and then that the use was abandoned. It is unclear as to what the history of this property is to clear up the issue before this Board. Mr. Bland indicated that it would be a great benefit to the community that is need of affordable housing. He noted that it is his understanding that the more bedrooms present the potentially higher demand for parking because of the potential increase in drivers. He confirmed that although he cannot speculate who may live there because he is testifying as an architect, he is just stating the observable potential. There will not be a fire escape as one is not required for code. There will be LED lights on the exterior that will be activated from a switch on the inside in the common stairwell. Mr. Kolber was sworn in and indicated that the City’s recommendation, based on the Redevelopment Plan and the City’s Trenton250 Master Plan, does support the development of projects such as this. The backyard will have a deck and flowers that both tenants can enjoy. In the front, there will be a gate and some flowers. Ms. Williams asked if anyone wanted to speak for or against this matter. With no answer from the gallery the following vote was set forth: Approve 23 Rutherford Avenue 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 Mr. Kolber noted that the Public Comment Period on the Draft Land Use Ordinance has been extended. Memorialize the Resolution for 1552 South Clinton Member Aye Nay Abstain Motioned Seconded Jennifer Williams X Trina McClendon X X Fred Costanzo X X Carol Graff X Mary Horne X Brenda Turner X CARRIED FROM DECEMBER 15, 2021 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. The project manager reached out to Mr. McGill indicating that the Applicant had a medical emergency. Adjourn 21-Z-333CH 333 Chambers Street to the February 16, 2022 public hearing on this platform at 7pm due the medical emergency of the Applicant with mailed notice to notify the neighborhood being required 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 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. Marjorie Rodriguez and Leoncio Vazquez were sworn in. The Applicant decided to take the adjournment that the Board was offering as she waited for more Board Members to be present. Adjourn 21-Z-3DAYT 3 Dayton Street to the February 16, 2022 public hearing on this platform at 7pm 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 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. The City of Trenton Zoning Board of Appeals is held Mr. Ray Bucchi, the Zoning Officer for the City of Trenton, was sworn in and indicated that he received a letter from Erica Edwards who will be representing the applicant. She has a conflict with the meeting tonight so she asked that the matter be carried to the January hearing. The following vote was set forth: Adjourn 325 Rutherford Avenue to the February 16, 2022 public hearing on this platform at 7pm 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 The Board adopted an additional meeting in February for February 23, 2022 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 There were two resumes and letters of intent sent to the City Council for consideration of appointment and the Board awaits their response. Adjourned at 8:31pm Respectfully submitted Cherry Oakley Zoning Board Secretary