Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, May 18, 2022 Via Microsoft Teams Members in Attendance: Jennifer Williams, Chair Trina McClendon, Vice Chair Carol Graff Fred Costanzo Mary Horne Michael Raab Brenda Turner Members Not in Attendance: Shaheed Morris Josue Colon Public Hearing Ms. Williams opened the hearing at 7:06pm. Mr. McGill read the Open Public Meetings Act and a quorum was verified. Memorialization of Resolution 2022-9 1218 South Clinton Avenue Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Carol Graff X Fred Costanzo X Mary Horne X Michael Raab X X Brenda Turner X Memorialization of Resolution 2022-10 Member Aye Nay Abstain Motioned Seconded Jennifer Williams X Trina McClendon X X Carol Graff X X Fred Costanzo X Mary Horne Michael Raab Brenda Turner Memorialization of Resolution 2022-11 507 Chestnut Avenue Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Carol Graff X Fred Costanzo X X Mary Horne X Michael Raab X Brenda Turner X CARRIED FROM MARCH 23, 2022 21-Z-111WP 111 W Paul Avenue BL: 09304 L: 18 Business “B” Zone Appeal by Project Manager Lencio Vazquez of JAG Resources on behalf of Owner/Applicant Ersenia Garcia & Marlond Sandaval of 840 Melrose Avenue Trenton New Jersey,08629, Owner proposes to change the use of the former/vacated House of Worship into a mechanical garage. The Applicant (a Certified Mechanic) will use the structure for minor auto maintenance, which would include replacement of electrical components, alternators, starters, batteries, tune-ups, and oil changes. Major repairs will be referred out. Structural modifications are to create an opening for a garage bay entry and relocation of the front door with installation of two lifts. Requesting exception to Chapter 315-117 Use with any/all Bulk Requirements (315-120 thru 121 Parking) if applicable. After discussion with the Applicant, the following vote was set forth: Adjourn 2022 21-Z-111WP 111 W Paul Avenue to June 15, 2022 at 7pm on this platform when there will more ZBA members available to vote Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Carol Graff X Fred Costanzo X X Mary Horne X Michael Raab X Brenda Turner X CARRIED FROM April 20, 2022 21-Z-54SCL 54-66 S Clinton Avenue BL: 801 L: 5 & 6 Trenton Station Redevelopment 16 Wallenberg Ave BL: 801L: 4 Businesses “BA” Zone Appeal by Attorney Arthur Sypek, Jr. 640 S Broad Street Trenton New Jersey 08650 on behalf of owner /applicant Woodrose Transit, LLC 41 West State Street Trenton New Jersey 08608 to continue to use the site for a paid surface parking lot from previous appeal-Use Variance granted in ROM 2013-2014 on 1/15/2014: Two year extension of use variance granted on August 15, 2018 expiring on 1/15/2020 Requesting exception to Chapter 315-117 Use under the Trenton Station Redevelopment Area and Preliminary and Final Site Plan approval Chapter 315-60 Mr. Arthur Sypek, Jr. confirmed the notice for this matter was completed properly. Mr. Torricelli, sole member of Woodrose Transit, was sworn in, described the property as the former location of Lorenzo’s Restaurant. He noted that the property was in default with its mortgage and arrears in taxes. The building was reportedly in terrible disrepair so significant that the building had to be demolished. They had planned a mixed-use building with retail on the first floor until they noticed the City had an easement on the property for a stormwater pipe that divided the property in a manner that rendered it unusable for the original purpose of the owner. A parking lot was developed there first that generated $304,000 in taxes for the City as it is a popular parking lot. Two administrations were advised that in order to build a substantive building in this area it would require part of another lot in order to build the building with required parking. Mr. Torricelli described the tenant improvements to other buildings in the City’s downtown, such as Starbucks and apartments on Warren Street, came from the proceeds of the parking lot. Mr. Torricelli described the difficulty with developing properties within the City of Trenton because of the lack of resources in the City. Mr. Torricelli indicated that Mr. Sussman, who owns the adjacent property needed to develop the parking lot site, is unwilling to part with his property without the City exercising eminent domain. He also noted that during the pandemic, there was only 1 person who parked on the lot each day, and although society has begun to commute more regularly now, the lot still has not gotten the usage that was pre-pandemic. He noted that his company is not in the parking business and does not want this to permanently be a parking lot, which is why they are seeking temporary relief. He also indicated that there have not been security issues on this lot because the police sit in the train station and the entire lot is visible and watched. He indicated that he is willing to enter into a Developer’s Agreement with the City, however, the City needs to decide what they would like to commit to and to his understanding the City is not ready to make such a determination. He indicated that he would be willing to purchase the easement, however at some point the pipe will need to be replaced and when that occurs it cannot be in the lobby of a residential housing unit. He said although he is willing to purchase the easement, if he were Mayor, from a public policy position, he would not sell it to himself. He indicated that he wants to keep the existing parking and continue to upgrade during the extension period until they are able to develop the mixed-use housing preferred. Mr. John Hatch was sworn in and accepted as an expert in Architecture before this Board. He described the anticipated plans for the site to turn it from a parking pad to a mixed-use building. Ms. Donna Miller was sworn in and presented her credentials. She was accepted as an expert in Planning before this Board. She testified that she had reviewed the plans and was of the opinion that the use variance would be appropriate for this area. She reviewed the criteria that she felt this variance application meets that would enable the Board to grant the use variance. She reviewed the activity in the area and comparatively how much asphalt is also present. Thinking about form and using the fact that the parking pad is small, well-managed, and well-designed helps to preserve the positive impact on public welfare. Ms. Miller indicated that people’s need for cars is still significant, so parking is still needed while society works on its dependence. Mr. Torricelli reviewed the concerns involved with waiting and risking a change in political positions in New Jersey. The logistics of the City exercising eminent domain to help build the multi-use development was also discussed and what impact it would have on the length of time it would take to develop the land. The Board suggested the Applicant speak with the City about rerouting the pipe that is interrelated with the easement. Mr. Jeffrey Wilkerson, Supervising Planner with the City of Trenton, was sworn in. He noted that back in 2014 when the original temporary Use Variance was provided, there were sketches of a potential development presented to that Board and the excitement about the plans was motivational to the Board to grant the temporary variance. He inquired what additional steps or meaningful discussions with the City have occurred that could advise the City on what could be done or what could be done to help move the formerly proposed sketches closer to development, such as putting together a proforma, a financing plan, etc. Mr. Torricelli indicated that the money that will be used to build will be from EDA, not from the City. However, there is not a piece of land to build on. Mr. Wilkerson said that there is some money but the Applicant needs to come to the City with a specific proposal with specific costs to address the barriers, and the City would be willing to come up with a strategy and work in partnership to help bring the project to fruition. The City, although recommending denial of the project, does think if a limited-time approval with the condition that within 18 months, there is a fleshed out proposal in order to engage in a partnership with the City so the development has the potential to move forward instead of continuing to be used for parking. Mr. Kolber, Senior Planner for the City of Trenton, was sworn in and indicated that the City does dispute the concept that a surface parking lot is not a detriment to the public good. A Renaissance Plan was adopted for the City and most surface parking is slated for Redevelopment as it will be considered a blighted area in that plan. Ms. Williams asked for public comment, with no answer from the gallery the following vote was set forth: Approve 21-Z-54SCL 54-66 S Clinton Avenue with the conditions that this extension be for 4 years, as an anticipated final approval with the following conditions: the Applicant will add security cameras on the frontage of the lot that faces the train station, provide 6-month reports to the City along with a meeting to discuss progress, and to meet with the City in the next 45-days to begin the collaboration. Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Carol Graff X X Fred Costanzo X Mary Horne X Michael Raab X Brenda Turner X NEW 22-Z-481NC 481-483 & 482-484 N Clinton Ave BL: 21901 L: 9-10-11-12-13 Comm/Res “B” Zone BL: 21504 L: 7 & 8 North Clinton Ave Redevelopment Appeal by Owner/Applicant Cruz B. Gomez 482 N Clinton Ave Trenton New Jersey 08638 to use existing office space at 482-484 North Clinton Avenue (C & F Tires) to sell used vehicles from the associated parking lot across the street at 481-483 N Clinton Avenue. Requesting exception to Chapter 315-117 Use with any/all Bulk Requirements (315-120 thru 121 Parking) if applicable and Chapter 315-205 Signs in a Residential Area. After discussion with the Applicant, the following vote was set forth: Carry the matter until June 15, 2022 at 7pm on this platform in order for the Applicant to provide adequate notice Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Carol Graff X Fred Costanzo X Mary Horne X Michael Raab X X Brenda Turner X 22-Z-112BU 112 Butler Steer BL: 15402 L: 16 & 19 Residential “B” Zone Appeal by Attorney Benjamin Sharlin Esquire, Princess Road Office Park, 4 Princess Road Bldg. 200 Ste. 204 Lawrenceville, New Jersey 08648 on behalf of owner /applicant Edwin Deleon, Dagoberto Y Rueda, and Juan H. DeLeon Caiderson, 1015 Deutz Avenue Hamilton New Jersey 08611, to seek approval for a restaurant on the first floor with an apartment on the second floor. The apartment is two bedrooms, one bath with a kitchen with a separate dedicated entrance. Requesting exception to Chapter 315-96 Use, Chapter 315-99 Bulk Requirements and Chapter 315-100 General requirements -Parking if needed. Mr. Elwyn DeLeon, Ms. Aisha Casanovas, and Mr. Alfredo Trevino, Architect, were all sworn in. Mr. Trevino presented his credentials and was accepted as an expert before this Board. Mr. Benjamin Sharlin, Esquire, introduced the Application and the desire to put in a restaurant and a 2-bedroom building on the site. Ms. Castonova described the building and the parking. She noted that there are spaces for 13 vehicles, 1 of which would be designated for the tenant. The hours for the restaurant would be 6am to 9pm. However, those hours could be adjusted at the direction of the City. Mr. Sharlin, sharing his screen, reviewed the proposed plans for the property's renovation. He noted there are plans to provide a canopy to the restaurant and a separate dedicated entrance for the tenant. Seating for up to 55 is planned. 3,028 sq. ft. for the restaurant, and the apartment will be 820 sq. ft. The building is currently abandoned so this renovation should be a benefit to the community. There are no plans to get a liquor license. There is lighting in the area already. If more is needed they can put some wall packs on the property. There will be some recessed lights that point down to the sidewalk so people can see where they are walking. Stephanie Register, Principal Planner with the City of Trenton, was sworn in to ask about more details regarding the restaurant. Mr. Bucchi clarified when the applicant would need to return before the Board. Ms. Williams asked for public comment. With no answer from the gallery the following vote was set forth: Approve 22-Z-112BU 112 Butler St. with more details on the awning and signage when the return for Final Site Plan Approval Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Carol Graff X X Fred Costanzo X Mary Horne X Michael Raab X Brenda Turner X 22-Z-724DI 724 Division Street BL: 19302 L: 24-25 Residential “B” Zone Appeal by Project Manager Lencio Vazquez of JAG Resources on behalf of Applicant/Owner Mikhail Kipnis 45 Centerville Road Holmdel New Jersey 07733, to use the vacant first floor commercial space (with four pre-existing residential units) into two, one-bedroom residential units (468 and 496 square feet respectively). Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100 parking) if applicable. Mr. Mikhail Kipnis and Mr. Leoncio Vazquez were sworn in and Mr. Vazquez introduced the project and the intent to convert the commercial space to rental housing. Mr. Kipnis described the current conditions of the building that he purchased in January of 2022. He indicated that he owns other property in Trenton and has not had any difficulty with the City at his other properties. Mr. Vazquez indicated that each tenant would have their own trash receptacle that they would be responsible to take out twice a week for trash pick-up. There will be 3 one-bedroom apartments and 1 two-bedroom apartment. Mr. Vazquez indicated that there is fire rated material used for the stairwell and the apartment. He indicated that he has been using Block Well material that helps to cushion the sound for some sound proofing. There are 3 entrances to the building. There has been new grass added to one side of this project but the Applicant ran out of space to add more landscaping to the other sides of the project. They are open to adding potted plants. Ms. Register corrected her report to address the blight in the area. She still recommends approval Ms. Williams asked for public comment. With no answer from the gallery the following vote was set forth: Approve 22-Z-724DI 724 Division Street Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Carol Graff X Fred Costanzo X X Mary Horne X Brenda Turner X Ms. Williams reminded those present in the meeting she recommended that they get in touch with the City Clerk to address their reappointment. Meeting adjourned at 10:27pm Cherry Oakley, Zoning Board Secretary