Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, August 17, 2022 Via Microsoft Teams Members in Attendance: Jennifer Williams, Chair Trina McClendon, Vice Chair Fred Costanzo Carol Graff Mary Horne Shaheed Morris (Alternate #1) Michael Raab Brenda Turner Members Not in Attendance: N/A Reorganization Meeting Ms. Williams opened the hearing at 7:09pm. Mr. McGill read the Open Public Meeting Act and a quorum was verified. Ms. Williams and Ms. McClendon were sworn in for terms to conclude at the end of June of 2026. The following votes were set forth: Jennifer Williams elected Chairperson of the Board Member Aye Nay Abstain Motioned Seconded Jennifer Williams X Trina McClendon X X Fred Costanzo X X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X Brenda Turner X Trina McClendon elected Vice Chairperson of the Board Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X Brenda Turner X Cherry Oakley for Recording Secretary for the Board Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X X Brenda Turner X Cherry Oakley for Corresponding Secretary Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X Brenda Turner X Richard Merlino and Associates for Board Court Reporter Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X X Brenda Turner X George D. McGill for Board Attorney Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X X Brenda Turner X Nomination for Official Newspaper for The Times of Trenton and the Trentonian Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X X Brenda Turner X Dates Times and Place for the Public Hearings to be the 3rd Wednesday of each month on the MS Teams platform at 7pm. Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X X Brenda Turner X The following professionals were evaluated in the beginning of the year by the Zoning Board. The following vote was set forth for the current organizational year: Reappoint CME as the Board’s professional for Engineering Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X X Brenda Turner X Reappoint Taylor Design Group as the Board’s professionals for Planning Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X X Brenda Turner X Reappoint Brightview Engineering as the Board’s professional for Traffic Engineer Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X X Brenda Turner X Close the reorganization meeting Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X X Brenda Turner X Public Hearing Ms. Williams opened the hearing at 7:30pm. Memorialize 2022-17 482-484 & 481- 483 North Clinton Ave. Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X X Brenda Turner X 22-Z-602DI 602 Division Street 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 had prior Zoning Board approval 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. Applicant is returning for Preliminary and Final Site Plan approval under Chapter 315-60. Mr. Leoncio Vazquez, Mr. Laurence Murphy, and Mr. Albert Sanchez were all sworn in. Ms. Stephani Register, the City’s Planner, was also present, indicating that a Site Plan is not required and they are requesting a waiver. Mr. Murphy presented his credentials and was accepted as an expert in Planning before the Board. He indicated that he sent a letter that a Site Plan review would not be necessary. He noted that the changes are limited to the interior footprint of the building and enclosing a porch, so in his opinion, there are not any changes being made that would require a Site Plan review. He also indicated that there are not any changes that require a change to the parking requirements. The landscaping is addressed by existing trees and the placement of potted plants in the commercial section of this development. Ms. Register was sworn in and indicated that the City is satisfied with the extent of the plans and the testimony that the planned changes will not require approval of a Site Plan and, instead, a waiver for that requirement should be granted. Mr. Vazquez indicated that the lighting in the rear and the side entrance were already addressed at a previous hearing. There will be a motion-activated floodlight for each entrance. Ms. Williams asked if there was anyone from the public who wanted to speak for or against this Application. With no answer from the gallery the following vote was set forth: Waiving of the Site Plan for 22-Z-602DI 602 Division Street Member Aye Nay Abstain Motioned Seconded Jennifer Williams X X Trina McClendon X Fred Costanzo X Carol Graff X Mary Horne X Shaheed Morris X Michael Raab X X Brenda Turner X CARRIED FROM APRIL 20, 2022 22-Z-502ST 502 Stuyvesant Ave BL: 05005 L: 1 Residential “B” Zone Appeal by Project Manager Leoncio Vazquez of JAG Resources on behalf of Owner/Applicant Maximo Mena & Maria Ramirez of 524 Pennington Avenue Trenton New Jersey 08618 to utilize the existing floor plan as a three unit. Exterior shows three electrical meter (no common areas). Basement has three hook-ups for heaters and boilers. Each unit has separate entrances and there are two parking spaces in the rear pad entering from alley. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100 Parking) if applicable. Ms. Maxima Mena and Mr. Leoncio Vazquez were both sworn in. Mr. Vazquez described the current conditions of the property and described that plans would be changed from a 2-bedroom to a 3-bedroom unit. The applicant agreed to repair the sidewalk so that it is not a tripping hazard and to improve the yard as well. As the original plaster will be maintained, there will not be any additional soundproofing provided. The ceiling will be fire-rated and the materials used will provide soundproofing as well. There is an existing alleyway in the rear of the property and it does provide parking for two vehicles. The lighting on the side of the house will be done by wall lighting and motion-activated lights that are bright enough to light both the neighboring property and the site. The porch has a ceiling light. The original building’s front door has steps leading up to and it will be closed off and the steps removed. The roof and the furnace status. The Applicant acknowledged that the area of this property has many other distressed properties. Mr. Vazquez indicated that there will be a selection process for potential tenants. He also indicated that the water lines and gas lines have been stolen, so new ones will be installed in order to have a working furnace and hot water heater. Once the renovation is completed, it will be inspected by the City to make sure that the utilities do not create a hazardous situation for the neighborhood. Mr. Vazquez provided information that spoke to the concerns of Mr. Morris as to the quality of life in this area of Trenton, given all of the distressed buildings and the landlords that are not properly invested in the neighborhood's success. Mr. Michael Kolber, Senior Planner for the City of Trenton, was sworn in. Regarding the variances that are applied for, he indicated that this development is in accordance with the Master Plan for the City, and the City believes that this will help activate that area and encourage more pedestrian traffic that can provide ‘eyes on the street’ that will help with the security of the area. The City does support this application. The level of remediation needed for that area is currently unknown. Ms. Register suggested that the Applicant check with Mr. Anthony Santora, about what the City plans to do regarding the sidewalk. Approve 22-Z-502ST 502 Stuyvesant Ave with the condition that at the completion of this project the sidewalk condition will be left flat and smooth Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Fred Costanzo X Carol Graff X Mary Horne X Michael Raab X X Brenda Turner X Shaheed Morris X CARRIED FROM JULY 20, 2022 22-Z-200FU 200 Fulton Street BL: 16208 L: 20 Residential “B” Zone Appeal by Project Manager Leoncio Vazquez of JAG Resources on behalf of Applicant/Owner George Shore 39 Lapsley Lane Lakewood New Jersey 08701 to convert a vacant first floor restaurant into two residential apartments. Apartment #1-one bedroom 525 square feet and apartment #2-two bedrooms 750 square feet. A pre-existing second floor apartment with three bedrooms 1275 square feet will remain the same. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100 parking) if applicable. Carry this matter to the September 21, 2022 Public Hearing at 7pm on this platform with no further notice required. Member Aye Nay Ab-stain 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 22-Z-15CHA 15 Chadwick Street BL: 24601 L: 1 Business “B”- Residential “B” Zone Appeal by Applicant Hector Hinneh Weah of 13 Rassel Avenue Trenton New Jersey 08638 on behalf of the Owner Capital Union LLC. To convert the existing space occupied as a warehouse into an event space to serve as a Community Center for African Members and the Trenton Community by hosting conventions, community meetings, weddings, and birthday parties along with other celebrations. Requesting exception to Chapter 315-96 Use in a Residential “B” Zone, Chapter 315-117 Use in the Business “B” Zone with any/all Bulk Requirements (315-120 thru 121 Parking) if applicable. A lawyer is required to hear this case and the notice for this matter has not been served at this time. The Applicant has not been able to attend previously because of his military commitment. The City would like to hold onto the Application until there is information about when he can appear before the Board. Since notice does not need to be preserved, there is no action required to be taken tonight on this matter. It will be scheduled when the Applicant can be in touch with the City to reschedule the matter once notice has been served. This application was deemed complete on April 18, 2022. The 120-day requirement to get this Application before a Board was met and led the Board to dismiss this matter without prejudice. Dismiss the matter 22-Z-15CHA 15 Chadwick Street without prejudice Member Aye Nay Ab-stain 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 22-Z-333CH 333 Chambers Street BL: 14208 L: 1-2 Residential “B” Zone Appeal by Project Manager Lencio Vazquez of JAG Resources on behalf of Applicant Devin Brea 42 Clover Lane, Willingboro New Jersey 08046 and owner of property Camilo Villanueva of 717 Greenwood Ave Trenton New Jersey 08609, utilize existing vacated office space located on Lot 1 9into an E-Commerce marketing Company to stage items for sales over internet. Signage will be window lettering. The vacant residential dwelling unit located on Lot 2 will be converted 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. Mr. McGill advised the Board that the City has raised the concern regarding ‘Res judicata’, which is a legal construct that prevents the same matter from being presented multiple times before a Board. He noted that in the Land Use arena, unless an application is exactly the same as the application presented previously, it is difficult to utilize that standard to refuse to hear a matter. In this specific matter, he advised that the comparison of what was presented previously isn’t necessary but the Board is able to ask the Applicant to present that comparative information in order to understand the improvements of the Application and take a vote. Mr. Leoncio Vazquez, Mr. Devin Brea, and Mr. Camilo Villanueva were all sworn in. Mr. Vazquez described the concerns noted by the Public at the previous presentation of a project for this location. He noted that with this application, there is a new renter who is looking to operate an e-commerce business from this location. This would eliminate the need for any customers to visit the location and would not add to any of the nuisances that were objected to by the neighbors who attended the last public hearing for this location with the previous application. The existing offices would be used as mock/staging rooms for video and photography to create paid advertising for e- commerce businesses. Referencing Exhibit A-1, a series of photographic ads from Instagram, and Exhibit A-2, a photo of how product photography by ‘Soona’ is created (a man in a red cap, with a camera, taking a picture of an object on a yellow background). Mr. Brea described the business and who would be on the property producing the marketing for the e-businesses. Mr. Vazquez described the egresses and the lighting. He noted that there will be sign decals on the windows as there is no need to get any box lighting. There will be security cameras. The porch will be enclosed. Mr. Brea indicated that he has been operating this business for several years, and this property will help him speed up his production and turn around marketing materials on shorter timelines. Lighting will be provided for the entrance at the rear of the property and the side door. There will be a security system for the building to protect the expensive cameras that might be stored in the building. This rental is planned for 3 years, at which time the renter would hope to secure his own building. Ms. Register indicated that this application would reduce the density in the area and the intensity of use. Ms. Williams asked if there was anyone from the public who wanted to speak for or against this Application. Mr. Frank Ferris was sworn in and indicated that the plans for this business are very similar to the plans submitted for the rejected Application. He noticed that there are 3 offices although there are 2 employees planned, so he noted that he is concerned that that extra office can be converted for an expanded use that would create a nuisance. Mr. Brea indicated that there would be an office for himself, an office for the part-time photographer, and a storage room. He also indicated that the large space upstairs is not planned to be converted into an office space. He is looking to set up staging areas that have pre-set areas for photographing items. Mr. Ferris indicated that in the plans, several apartments are planned to have 2 bedrooms each but there is more space in the house than are indicated on the plans. Mr. Vazquez referencing Exhibit A-3 Architect Drawings, indicated that on the first floor unit, there will be a 2-bedroom unit, and on the 2nd unit, there will be 2 bedrooms. The plan has this indicated. There were 3 drawings submitted for this application. A rendering of a sticker on the window for the signage should have been provided to the Board for consideration. Mr. Ferris asked that this application be rejected for the number of bedrooms Ms. Williams reviewed what floors are described on Exhibit A-1, A-2, and A-4. Exhibit A- 3 is missing from the packet and the Board and Mr. Ferris requested to be able to see a complete set of plans that are specific to this application before rendering an opinion. Mr. McGill indicated that there might need to be two additional variances sought for the sign and the parking depending on the Board’s professional’s review. Mr. Villanueva indicated that he is very frustrated that this property has been vacant for a year and he has been paying property taxes and has invested $210,000 in the property and there has not been any progress on putting it into use. He noted that the Board’s inability to secure seven members for other hearings that caused further delays in putting this property into use exacerbates his frustration. Mr. Ferris described the neighbors’ efforts to secure the quality of life for the neighborhood and explained the source of their questions and concerns. Ms. Williams asked for public comment and with no answer from the gallery the following vote was set forth: Carry 22-Z-333CH 333 Chambers Street to the public hearing on September 21, 2022 at 7pm on this platform. Member Aye Nay Ab-stain 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 22-Z-323CO 323 Commonwealth Ave BL: 30804 L: 32-33 Residential “B-2” Zone Appeal by Owner Luis Mizhirumbay 46 Grace Street Bloomfield New Jersey 07003, expand a pre-existing, non- conforming two-family dwelling unit at the rear. The expansion proposed addition 183 square feet on the ground floor, with a proposed second floor addition of 415 square feet. Apartments bedroom count would increase to a total of three for each unit. There are two pre-existing off-street parking spaces provided. Requesting exception to Chapter 315-96 Use with Parking Chapter 315-99 thru 100. Mr. Ali Qureshi, Architect for the Applicant, Mr. Luis Mizhirumbay, owner, and Mr. Darwin Mizhirumbay, owner’s son and translator were sworn in. Mr. Qureshi presented his credentials and was accepted as an expert before this Board. Mr. Qureshi indicated that there is a need to add an addition to this building to make the rental marketable, sustainable, and affordable. It is a non-conforming use even though the planned addition is compliant in design. The required parking is 3.5 and there is only enough space for 2 cars. There will be 2 bathrooms. The use is pre-existing, however it is non-conforming. For safety the internal second floor staircase will be removed. The whole house will be painted and the siding replaced to improve the aesthetic of the property for the neighborhood. The renters that will be sought will be whomever is interested in renting, which can be either Section 8 recipients or market rate renters. The house is not currently occupied. The concealed gutters will be replaced with conventional gutters. The Board expressed concern about the availability of 2-car parking for two tenant families resulting in parking for 4 cars in the current driveway. There will be a security system that is linked to a smartphone that can alert the tenants to security concerns in the home. Ms. Register indicated that the City does not see a substantial adverse impact on the community and this Application would bring this property back into use instead of having it as a vacant property creating blight in the area. Ms. Williams asked for public comment. With no answer from the gallery the following vote was set forth: Approve 22-Z-323CO 323 Commonwealth Ave with the conditions set by the City Member Aye Nay Ab-stain 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 The motion did not carry and at the request of the Board Chair Mr. McGill advised that the Applicant can return for consideration of another project on this site if the Applicant submits different plans. NEW 22-Z-781CE 779-781 Centre Street BL: 11903 L: 1.001 Business B Zone/Condominium Zone “CZ” Champale Redevelopment Area Appeal by Project Manager Leoncio Vazquez of JAG Resources on behalf of Applicant/Owner Julius Pall 322 Elem Avenue Burlington New Jersey 08016, to change and utilize one side of the first level commercial space into a recording studio and the other side will be used for a permitted commercial use. No change to the pre-existing three family dwelling units with-in the same structure. Requesting exception to Chapter 315-117 Permitted Use with any or all Bulk requirements found in Chapter 315-120. Due to the lateness of the hour the following vote was set forth: Carry 22-Z-781CE 779-781 Centre Street to the public hearing on September 21, 2022 at 7pm on this platform. Member Aye Nay Ab-stain 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 22-Z-15HOW 15 Howell Street BL: 20310 L: 6 Residential “B” Zone Appeal by Project Manager Leoncio Vazquez of JAG Resources on behalf of Applicant/Owner William Alvarado 1120 Prospect Street Ewing New Jersey 08638, to use the vacated warehouse into a House of Worship with services on the first floor with associated office and conference room on the second floor first floor. A 5’ x 4’ sign/decal on plate glass window. Requesting exception to Chapter 315-98 Permitted Conditional Use with failure to meet these conditions found in Chapter 315-132-137 under Churches, also Chapter 315-97(G) Signs in a Residential B Zone. Due to the lateness of the hour the following vote was set forth: Carry 22-Z-15HOW 15 Howell Street t to the public hearing on September 21, 2022 at 7pm on this platform. Member Aye Nay Ab-stain 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 Meeting adjourned 10:34pm Respectfully submitted by Cherry Oakley, Zoning Board Secretary