Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, June 22, 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 7:04pm. Mr. McGill read the Open Public Meeting Act and a quorum was verified. Memorialize Resolution 2022-12 724 Division Street Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Michael Raab X X Brenda Turner X Memorialize Resolution 2022-Z-112BU 112 Butler St. Member Aye Nay Abstain Motioned Seconded Jennifer Williams X Trina McClendon X Fred Costanzo X X Carol Graff X Mary Horne X Michael Raab X X Brenda Turner X Memorialize Resolution for Stuyvesant Avenue structures Member Aye Nay Abstain Motioned Seconded Jennifer Williams X Trina McClendon X Fred Costanzo X X Carol Graff X Mary Horne X Michael Raab X X Brenda Turner X CARRIED FROM JUNE15, 2022 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. Mr. H. Benjamin Sharlin reviewed what remaining items needed to have testimony provided for tonight. Mr. Cruz Gomez was sworn in to provide that testimony. Mr. Gomez indicated that lighting would be installed for security purposes. He also stated that he plans to replace the fencing with a metal fence and plans to present a landscaping plan to the City. Mr. Gomez plans to have the amount of the parking lot paved depending upon how much he is able to afford. Mr. Ray Bucchi, Zoning Officer, was sworn in and testified that in dealing with permits that come in for driveways there is always a concern with crushed stone spilling onto the sidewalks. Additionally, there is a concern about how designated parking spaces will be delineated, especially with patrons and employees using the parking lot. Mr. Michel Kolber was sworn in and testified that the Land Use Ordinance gives permission for almost any material to be used, but determining what specifically is used would be done at the Board’s professionals’ recommendation. He noted that historically consultants avoid gravel because of the material leaving the parking lot, getting onto the street, and causing additional problems. The Board noted the entire parking lot likely should be paved because loose gravel does not stay in place and can cause problems in other areas, especially given the concern that vehicles leak and that leakage could leech into the ground, causing an environmental concern when there is no impervious barrier to prevent that. Mr. Kolber indicated that the street trees are required as per the City’s LDO with specifications in the Site Plan. He noted that it is a responsibility of the Used Car Lot to fit into the neighborhood, not for the neighborhood to fit itself around the Used Car Lot. The City has multiple concerns that get addressed by the planting of street trees. Thus the City would never recommend approval of any application without street trees. There is a plan for landscaping across the City that is anticipated to have a significant impact on the City, and the City has been determined that no plans should be approved in the City without landscaping. The City has a guide for approved street tree options to help developers comply with the plan for the City. It was recommended that the Applicant provide additional landscaping and the Applicant was agreeable to this recommendation. He also indicated that he was amenable to installing wrought iron-style fencing. Ms. Williams asked for public comment. With no answer from the gallery the following vote was set forth: Approve 22-Z-481NC 481-483 & 482-484 N Clinton Ave with the conditions set for by the City, including paving the entire lot, adding additional lighting, add street trees, installing wrought iron-style fencing and not double park on N. Clinton Ave. and to inform his customers to not double park on N. Clinton Ave. The Applicant will return for Site Plan review and approval at a later date. 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 CARRIED FROM MARCH 16, 2022 21-Z-1600C 1600 Calhoun Street 140 Kirkbride Ave 139 AFT W Paul Ave Block 9304 Block 9304 BL: 9304 L: 8-9-10-11 Business “B” Zone Lot 9 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. Anthony Sessa and Mr. Manuel Hernandez were sworn in. Mr. Hernandez, the contractor, updated the Board on the current status of the project since they were last before the Board. He described the businesses that surround this property and what is planned for the site of this Application. He described the lighting, the fencing, the trash pick-up, the planned cleaning of the site, and the landscaping. He noted that the Applicant will comply with any landscape requirements the Board mandates. He noted that the cars will park on pavement and any gravel will not have cars parked on it. He noted they will return for Site Plan review and approval. Mr. Michael Kolber testified as to the conditions the City recommends. He noted that this corridor is a major route for the City, and there are plans to make it a walkable corridor. He indicated that the CHOICE Homes Plan has been adopted as part of the Master Plan. He noted that normally they would not be recommending this use in this neighborhood because of the concerns that result. However, not allowing this use would cause a hardship for this Applicant, so the City is willing to work with the Applicant. He reviewed the concept plans that have been sent to the City, and those concept plans might allow the City to accomplish what is planned overall in this area, so the City is now more amenable to supporting this project with some additional modifications, such as moving the trees outside of the gate. The Applicant plans to coordinate the street trees to match what the other businesses have installed in the area. He has increased the lighting on the lot and has security cameras already installed. He will replace the 800ft. of fencing. Ms. Williams asked if anyone from the Public wanted to speak for or against this project. Ms. Regina Thompson-Jenkins was sworn in and indicated that she has a family home on Kirkbride Avenue and she noted that there are tow trucks and tractor trailers blocking the roadway which makes it difficult to traverse. She noted that someone came out of the gate of this Applicant’s business to fix a flat tire of a car. She also noted that the grass is not cut regularly and it harbors mice. Mr. Sessa indicated that he will have the grass cut within the next 72 hours. The Board noted that the property is an eyesore and needs improved maintenance. Mr. Sessa indicated that he will commit to do that. He also indicated that he will do what he can to address the rodent problem. Approve 21-Z-1600C and the applicant agreed to cut the grass in the next 48 hours, a lighting plan will be provided, trees will be placed outside of the fencing, the Applicant will make reasonable accommodation for additional landscaping that might be required at the Site Plan review, and provide new fencing that is wrought iron-style. 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 Mr. McGill explained that if Mr. Sessa makes substantive changes to the plan, he can return to the Board to have a new application for this site considered. Mr. Sessa indicated that given that this application began last year, had he been told about the changes that needed to be made earlier, he would have made those changes in order to get the application approved. Mr. McGill indicated that he could appeal the decision to the Superior Court. CARRIED 21-Z-111WP 111 W Paul Avenue BL: 09304 L: 18 Business “B” Zone Appeal by Project Manager Leoncio 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. Mr. Leoncio Vazquez and Mr. Marlond Sandaval were sworn in. Mr. Vazquez reviewed his research on the property of what it was back in 1956. He noted that there were 9 garages that were condemned and torn down. A sausage plant was erected and operated until it closed in the 80s. Then in 1991, it was approved to be a house of worship by the Board. He described the exhaust capture system referencing Exhibit A-1. He also described the soundproofing, submitted as Exhibit A-2. He noted the power lift will be electrical, and there now will only be one instead of two. He noted that the tools he plans to use are battery-operated, which minimizes the amount of sound that they emit. The macadam asphalt will be improved. There will not be old parts piled on the property because the parts that are removed are recycled offsite. Mr. Sandaval indicated that the shop will be a minor repair shop. There will not be any oil changes or tire replacement at this location. Mr. Leoncio described how the improvements of this lot that has been abandoned will revitalize the site, which will improve the overall neighborhood. He indicated that rodents that are on a property should be addressed with traps so that they are not a nuisance for the surrounding homes. Mr. Sandaval indicated that he is waiting for the approval so he can fix the entire property and yard. He noted that he cannot make any fixes without an approval. Currently people use the yard as they please because there is not anyone improving or securing the property at this time. Mr. Kolber indicated that the City has received the updated materials and even with the resubmission there is no change in the City’s position of recommending denial of this application because there is no way to buffer the property and make it a viable use for this property so close to a residential area. This use is not something included in the CHOICE HOME project plans that would be able to embrace this use. Broadly speaking there is nowhere within the City that this use would be better located as the City is attempting to limit the expansion of a car culture. He said that this type of business is not currently allowed in the City of Trenton. Ms. Williams asked for public comment. Ms. Regina Thompson-Jenkins was sworn in again and she stated that her property abuts the church property and described the rodent problem in the area that is affecting her property. Ms. Williams asked if there was anyone else who wanted to speak for or against this application. With no answer from the gallery the following vote was set forth: Approve 21-Z-111WP 111 W Paul Avenue with all the conditions set by the City of Trenton Member Aye Nay Abstain Motioned Seconded Jennifer Williams, Chair X X Trina McClendon, Vice Chair X Fred Costanzo X Carol Graff X X Mary Horne X Michael Raab X Brenda Turner X Ms. Williams and the Board Members thanked Ms. Trina McClendon for her service to the Board and spoke words of appreciation. Meeting adjourned 8:58 PM Respectfully submitted by Cherry Oakley, Zoning Board Secretary