Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, February 23, 2022 Via Microsoft Teams Members in Attendance: Jennifer Williams, Chair Trina McClendon, Vice Chair Fred Costanzo Carol Graff Mary Horne Michael Raab Brenda Turner Members Not in Attendance: Shaheed Morris Josue Colon Public Hearing Ms. Williams opened the hearing at 7:11pm. Mr. McGill read the Open Public Meetings Act and a quorum was verified. Memorialize Resolution 2022-4 Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X X Michael Raab X Brenda Turner X Memorialize Resolution 2022-5 Rutherford Avenue Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X X Carol Graff X Michael Raab X Brenda Turner X 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. Mr. Sessa was sworn in and he described that he was trying to revive what he believes to be the original zoning and use for the building. Mr. Sessa indicated that he is willing to do whatever is necessary to have the lot improved as directed by the Board. He noted that he is willing to convert the fencing to something better than chainlink a little at a time every couple of months because it is 800 ft. and very expensive. Mr. Michael Kolber, Senior Planner for the City of Trenton, was sworn in and indicated that there is not a currently agreed upon landscaping or fencing plan. He noted that the meeting that was supposed to happen to do the planning but the meeting has not occurred. Carry 21-Z-1600C 1600 Calhoun Street, 140 Kirkbride Ave, 139 AFT W Paul Ave to the March 16, 2022 public hearing to give time for the meeting to occur. Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X X Mary Horne X Michael Raab X Brenda Turner X 21-Z-127BU 127 Butler Street BL: 15403 L: 32 Residential “B” Zone Appeal by Owner/Applicant TEEVEE LLC., VijahBhai Vyas, 20 Quick Court Somerset New Jersey 08873 to convert existing first floor vacant commercial space (with one residential dwelling unit on the second floor) into a residential dwelling unit for a total of two residential dwelling units. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100 Parking) if applicable. Ms. Erica Edwards, on behalf of the applicant, introduced the project and described what brought them before the Board tonight. Mr. Josiah Weiner, architect, and Mr. Vijay Vyas were sworn in. Mr. Weiner presented his credentials and was accepted as an expert before this Board in the area of architecture. Mr. Weiner described the history of this property, the layout, and size of the property, and the proposed improvements to the site. He reviewed the Board’s professionals’ comments and how the Applicant plans to address each one. He noted that the basement is planned to be closed off and remain unused because of the height and size. He noted that the attic loft area is accessible from the second floor but it will not be offered as a bedroom. There will be smoke detectors installed. Regarding the stormwater management, the levers are connected to the existing sewer. Ms. Register, Principal Planner with the City of Trenton, indicated that Hoggard, of the City, indicated that if it is not connected to the existing sewer and not a new development, then the stormwater management will be fine. The Applicant indicated that if there is any concern related to what is there, then the Applicant will adhere to any stormwater regulation required as indicated by the City. The City will follow up with the stormwater management authority for the City. The Applicant will repair the rear railing if it needs it but currently, it appears only to need scraping and painting. Mr. Vyas indicated that he believes the demand is high for 2-bedroom apartments for recipients of Section 8 housing vouchers, which is why he is developing it as a two- family unit versus a single-family rental. Ms. Edwards indicated that the City staff has indicated that there are other rentals in the area similar to this. Ms. Register was sworn in to indicate that the City does feel this property conforms to the other homes in the area, and the City wants this building to come back into use. Ms. Chowdhury was sworn in and indicated that bringing the building back into use is a positive thing. She noted that there is a high demand for affordable housing. She noted that the demand for a single-room residence versus a multi-room residence is much higher than the multi-room unit, in her opinion. Ms. Williams asked if there was anyone else from the public who wanted to speak for or against this application. With no answer from the gallery the following vote was set forth: Approve with the stipulation that with all the conditions in the packet from the City of Trenton be met and the Applicant will adhere with all regulations stipulated by the City of Trenton in the coming weeks 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-1212E 1212 Edgewood Avenue BL: 32701 L: 3 Residential “RB” Zone Appeal by the applicant HomeWorks Trenton Inc, 174 Nassau Street, Box 196, Princeton New jersey 08542 on behalf of owner SLM Trenton LLC to use the vacant existing property as a year-round camp/educational residential program for teen girls. Through its unique after school residential mode, the project will provide academic and social - enrichment activities that supplement the public school system. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 and 100 Parking) if applicable. Ms. Jessica Peslak, Esq. described the project and noted that they are seeking a Use Variance and all of the existing bulk variances. Mr. Joshua Zinder, Architect, was sworn in and presented his credentials and was accepted as an expert before this Board. Mr. Alexander Dougherty, Planner, was sworn in and presented his credentials and was accepted as an expert before this Board. Mr. George Jacquemart, Principal Traffic Engineering, presented his credentials and was accepted as an expert before this Board. Mr. Matthew Connors, Engineer, was sworn in and presented his credentials and was accepted as an expert before this Board. Ms. Natalie Tung, Co-founder and Executive Director of Homeworks Trenton, was sworn in. She described the mission and vision of the organization, how it operates, and what the young women scholars involved experience through the program. Exhibit A-3, the PowerPoint presentation was shared via a screenshare along with a 2- minute video of the scholars in the program describing their experience. Referencing the Site Plan Mr. Zinder described the future vision for this project. The parking will be expanded to up to 15 spaces. Referencing photos of the façade Mr. Zinder described the existing condition of the building that had been abandoned for 30 years. Referencing a Parking Demand Pattern slide Mr. Jacquemart described how he arrived at the parking space number and the flow of traffic that may include cars and a shuttle bus for the program. Mr. Zinder indicated that there is a possibility to add up to 19 spots. That was not planned for this Site Plan but was planned for future development. He noted that the Applicant would be willing to add them now and bank them for the future it that is preferred by the Board. The spaces are not planned for now because of the cost. The current grading would require substantial retaining walls in order to construct them and based on the planned use for the building the additional parking is not needed. On-street parking is allowed on Edgewood Avenue but the Applicant does not plan to use the on-street parking at this time. Currently there is one space more than is needed planned. When Homeworks Trenton moves from 22 scholars to 40 scholars then the parking needs to be expanded, which Homeworks Trenton hopes to do in 3-5 years when they can raise the money. There will need to be a 2-story expansion and an office expansion to accommodate that increase. Mr. Dougherty described how this proposed project serves the public good. The Board decided not to stipulate a specific number of residents and instead allow that to be determined by the Fire Marshal’s indication of occupancy and to bank the 4 additional parking stalls previously offered. Mr. Kolber reviewed some errors in his report related to parking and he noted that given what the Applicant is describing tonight, the parking that is available in the loop needs to be addressed in the Site Plan in order to determine if there is a problem with some of the parking being on the loop. A traffic consultant needs to address this when the Applicant returns for Site Plan approval. Variances needed for tonight are for a Use Variance and a Rear Yard Variance. Ms. Williams asked if there was anyone from the Public that wanted to speak for or against this project. Ms. Chowdhury was sworn in and asked about the impact on the surrounding neighborhood and other eco-systems that are tangential to the project. She also asked about the commitment to hire local and what maintenance is planned for such a large project. Ms. Tung indicated that all scholars are required to do chores daily to help maintain the property. They are invested in the community so they seek to improve their local neighborhood. Mr. Drew Inzer, of Lawrenceville School, was sworn in and offered positive affirmation regarding Homeworks Trenton being wonderful community members. Mr. Stephen Wallis, of the Lawrenceville School, was sworn in and offered a description of the good and positive neighbors they have been while living at the Lawrenceville School. Ms. Williams asked if there was anyone else from the Public who wanted to speak for or against this project. With no answer from the gallery, the following vote was set forth: Approve 21-Z-1212E 1212 Edgewood Avenue for a Use Variance for the property to become the site for Homeworks Trenton with a Variance for 8 parking spots and a Variance for a rear yard variance, and the applicant will return for a final site plan review. It will include the present use as expanded to include the expanded parking lot, with a condition that they would bank 4 parking spots for four parking needs. Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Brenda Turner X Michael Raab X X 21-Z-1325E 1325 E State Street BL: 26904 L: 7-10-11-12-13-14 Business “B” Zone AKA: E State Street & S Logan Ave BL: 26903 L: 1 Residential “RB” Zone Appeal by, Switlik Parachute Company, Inc. (the “Applicant/Owner”) shall be heard by the Zoning Board of Adjustment of the City of Trenton (the “Board”) for the approval of the application of Owner for a D (1) Use Variance and Preliminary & Final Major Site Plan with associated Bulk Variances (the “Application”). Switlik Parachute Company, Inc. is the owner of Block 26904, Lots 7, 10, 11, 12, 13, 14 & Block 26903, Lot 1 in the City of Trenton and Block 1730, Lots 1, 2 in the Township of Hamilton. The subject property is 33,458 SF in area within Trenton and 4.03 acres in area within Hamilton Township. The property is located on the southeast side of East State Street and bounded by South Logan and Walnut Avenues. A small portion of the site is located within the BB Business District at East State Street and South Logan Avenue and the remainder within Trenton is located within the RB Residence District. The Applicant previously secured Preliminary & Final Site Plan, Use Variance, and Bulk Variance Approval on 9-14-21 from the Township of Hamilton. The Applicant is now seeking Use Variance, Preliminary and Final Site Plan with Bulk Variances for the property in Trenton. The Applicant proposes to construct the following: A 20,604 SF one-story building located partially within Trenton City and Hamilton Township, which can be expanded to include two (2) 2,990 SF mezzanines totaling 5,980 SF. The parking areas are proposed to contain 146 spaces, plus 10 land- banked spaces, distributed throughout the site. A loading space is provided for the new building. Two new stormwater basins are proposed, including one (1) which will straddle the municipal boundaries and trash enclosure. The Applicant requests the following variances: D(1) use variance to permit manufacturing which is not a permitted use either the BB Zone District (Business District) or RB (Residential) Zone District and any/all Bulk Variances additional relief, including design waiver, variance parking spaces proposed where 154 parking spaces are required and related Ordinance interpretations, if same is determined to be necessary by the Board and/or its staff in it review prior to the public hearing or during the public hearing. Mr. Raab indicated that one of the witnesses is a personal friend, and he has had professional contacts in the past but does not have any dealings with him currently, so he did not have to recuse himself from hearing this case. Mr. Jeffrey Chang, Esq. described the case tonight and noted that the property straddles the border of Hamilton and Trenton. He described the dimensions of the property and the design waivers required, such as a lighting design waiver, The following people were sworn in Mr. John Hatch, Architect, was sworn in and presented his credentials and was accepted as an expert before this Board. Ms. Sarah Switlik, Engineer and Landscape Architect, was sworn in and presented her credentials, and was accepted as an expert before this Board. Ms. Ingrid Kohler was sworn in, presented her credentials, and was accepted as an expert before this Board. Mr. Stanley Switlik, owner of the parachute company, was sworn in and described the business that will occupy this location. Mr. Robery Korkuch was sworn in, presented his credentials, and was accepted as an expert before this Board. Referencing Exhibit A-1 & Exhibit A-2, an Aerial view of the project site, Ms. Kohler described the site and existing conditions. Referencing a colored Site Rendering, she described the proposed development of the building and the site use. She noted that there are 156 proposed parking spaces, and 10 of those spaces would be banked. They do not believe that would be needed because of the number of employees who can ride their bikes to the site. The total needed is 154. The lighting on the site will be significantly increased. She noted that there is no loading dock in the new area. There will be a trash enclosure provided. She noted that there is a waiver for the footcandle needed. Building identification will be added directly to the building to distinguish between the two buildings. The Applicant is awaiting comments from the Mercer County Planning Board and feedback from the Soil Conservation Commission. Mr. Hatch referencing Exhibit A-5 and Exhibit A-6 described the elevations and the external features of the building. He noted that the roof is designed to reduce heat gain. He described the sustainability features and energy-efficient features of the building. Exhibit A-7 describes the building finishes. Mr. Korkuch indicated that all the comments in the memo will be able to be addressed. Variances are sought because this proposed manufacturing use is not a zoned use currently as this is a residential and business-zoned district. Exhibit A-9 is a Zoning Overlay Aerial and he detailed the entire project site, and what will happen on which side of the project for both Trenton and Hamilton. He described the Zoning on all sides of the property. Regular access will occur on the Hamilton side of the site. He noted that stormwater management will occur where none currently exists and the manufacturing is clean and quiet. Variances pursued tonight: Use Variance to permit manufacturing; 0’ side/rear yard setbacks; lot coverage Mr. Drew Pavlick, and Ms. Michele Taylor, Planner, the Board’s professionals, were sworn in. Ms. Taylor asked clarifying questions highlighted in the memo sent to the Applicant. She was able to get the Applicant to clarify that Emergency Services access after hours is possible, and the barbed wire will be removed. It was recommended that the lots be consolidated. The light temperature will be reduced to a 3K temperature. The lights will be on timers and not burning all night. There will be a picnic area on the Hamilton side for employees. Mr. Pavlick asked clarifying questions of the engineering and had the Applicant confirm that there are not planned generators for the site. He noted that pavement markings should not be required. Ms. Williams asked if there was anyone else from the Public who wanted to speak for or against this project. With no answer from the gallery, the following vote was set forth: Approve 1325 East State St. with added condition of the consolidation of the lots. Variance is not needed for the possible A/B sign to identify the buildings because it is an address convention for the benefit of emergency services. Removal of the barbed wire is also a condition. 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 Michael Raab X TO BE CARRIED 21-Z-507CH 507 Chestnut Avenue BL: 15302 L: 1 Residential “B” Zone Appeal by Applicant Marcos Carrillo Chacaj of 60 Mott Street Trenton New Jersey 08611 on behalf of the Owner Robert Rubiano, Applicant proposes to utilize vacant office/nutrition space front first floor level as a multi-service (signage variance also requested), residential to remain. 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. Carry 21-Z-507CH 507 Chestnut Avenue to March 16, 2022 at 7pm on this platform 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 Michael Raab X  Hearing adjourned 11:22pm Cherry Oakley, Zoning Board Secretary