Zoning Board of Adjustment
Regular MeetingTrenton, NJ · December 21, 2022
Minutes
City of Trenton
Zoning Board
Public Hearing
Wednesday, December 21, 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 (Alternate #1)
Public Hearing
Ms. Williams opened the hearing at 7:03 pm. Mr. McGill read the Open Public Meetings
statement and a quorum was verified.
The following votes were set forth:
Memorialize Resolution #2022-37 for 333 Chambers St. as amended by Mr. McGill
Member Aye Nay Ab-stain Motioned Seconded
Jennifer Williams X X
Trina McClendon X
Fred Costanzo X
Carol Graff X X
Mary Horne X
Michael Raab X
Brenda Turner
Memorialize Resolution #2022-38 Black River Homes, LLC
Member Aye Nay Ab-stain Motioned Seconded
Jennifer Williams X X
Trina McClendon X
Fred Costanzo X X
Carol Graff X
Mary Horne X
Michael Raab X
Brenda Turner
Mr. Wilkerson presented the scores of the responses to the RFPs for the Board’s professionals.
He reviewed the process used to vet the submissions and the scoring process used by the
volunteer reviewers. There was not information available for why there were not more proposals
received for Engineering.
Accept Taylor Design for Planning Consultant for calendar year 2023
Member Aye Nay Ab-stain Motioned Seconded
Jennifer Williams X X
Trina McClendon X
Fred Costanzo X X
Carol Graff X
Mary Horne X
Michael Raab X
Brenda Turner X
Accept McGill and Hall for Board Attorney
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
Accept CME as Engineering Consultant
Member Aye Nay Ab-stain Motioned Seconded
Jennifer Williams X X
Trina McClendon X
Fred Costanzo X X
Carol Graff X
Mary Horne X
Michael Raab X
Brenda Turner X
Accept Brightview as the Traffic and Engineering Consultant
Member Aye Nay Ab-stain Motioned Seconded
Jennifer Williams X X
Trina McClendon X
Fred Costanzo X X
Carol Graff X
Mary Horne X
Michael Raab X
Brenda Turner X
CARRIED FROM NOVEMBER 16, 2022
22-Z-3HEWI 3 Hewitt Street BL: 16703 L: 24 Residential “B” Zone
Appeal by Owner Vito Conigliaro, Managing Member of applicant 3 Hewitt Street LLC, c/o Carl M. Ippolito Esquire,
207 Stony Hill Road Hopewell new Jersey 08525 convert a single-family row home to a row home with an attached
studio apartment. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100
Parking) if applicable.
Mr. Howard Lipstein, Mr. Conigliaro’s attorney, was present as a representative for 3 Hewitt
Street LLC. Mr. Vito Conigliaro, the Managing Member, was sworn in and presented details of
the project. He indicated that the studio is planned to be 366 sq. ft. with a private exterior
entrance. He described the layout of the studio. There will be a second means of egress. The
exterior door will be replaced with a steel security door. There will be no on-site parking, only
on-street parking. The variances being requested are for parking and use. The pre-existing
condition for set-backs do not require any bulk variance. Because it is a brick structure it will be
difficult to combine this side unit with the main house.
The minimum square footage required for a residential unit is 500 sq. ft. Mr. Bucchi indicated
that minimal square footage for a single-family dwelling is 900 sq.ft.. An apartment unit can be
as small as 450 square ft. Mr. Conigliaro indicated that prior to him purchasing the property it
had been illegally rented. He had the unit vacated so it could be improved and considered for
legal rental.
Mr. Conigliaro indicated that there is a shortage of rentable apartments and this would put
another unit into the Trenton housing supply.
Mr. Michael Kolber, City of Trenton Senior Planner, was sworn in and testified that there is a tiny
house movement in the US that speaks to this housing type. He stated that this unit already
semi-exists, and there are not other ideas of what to do with this space. In NJ, the shortage of
housing would encourage this type of housing. He noted that he does not believe that it will set a
precedent.
Mr. McGill stated that technically every case stands on its own facts, so precedent may not be
applicable when considering that, but cases with similar facts need to be decided similarly.
Ms. Williams asked for public comment. With no answer from the gallery the following vote was
set forth:
Approve 22-Z-3HEWI
Member Aye Nay Ab-stain Motioned Seconded
Jennifer Williams X X
Trina McClendon X
Fred Costanzo X X
Carol Graff X
Mary Horne X
Michael Raab X
Brenda Turner X
NEW
22-Z-415NM 415 North Montgomery Street BL: 13703 L: 14 Residential “B” Zone
Appeal by Applicant/Owner Mariana Martinez 456 Otis Road North Brunswick New Jersey 08902 to convert a single-
family dwelling unit into a two residential dwelling unit. First floor unit (Unit # 1) has 673 sq. ft of habitable space while
the second and third floor unit (Unit #2) has 867 sq. ft of habitable space. Requesting exception to Chapter 315-96
Permitted Uses in the Residential “B” Zone any/all Bulk Requirements and Parking if applicable under Chapter 315-
100.
Ms. Mariana Martinez was sworn in and described how the unit was involved in a fire, the water
damage, and other destruction the property has experienced. She detailed her personal
investment in this property and her intention to finish rehabbing it. The property continues to
remain empty. There is a backyard where grass is planned to be seeded. The Board wanted to
explore the possibility of planting at least one tree along Montgomery Street.
The City does not require a structural engineer but plans will need to be submitted and at that
time, there may need to be an engineering consultancy. The Applicant would like to opt for a
two-family home due to the large size of the current structure. The porch will have railings
added for safety and can be added as a condition of approval if the application is granted. The
neighborhood profile has 4 to 5 houses on the block, and the home on the right is a single-family
home. Ms. Williams indicated that the neighborhood hosts a mix of single-family and multi-
family homes. The awning will be thrown out.
Ms. McClendon stated for the record that many people are looking to rent single-family
homes, as they have children, and need the space but are having difficulty finding
properties to rent. Ms. McClendon wants to dispel the myth that landlords will have
difficulty finding renters for single-family homes.
Mr. Kolber indicated that he would like to see a street tree as a general principle but he
is unaware of whether one will fit in or not. The Applicant indicated that she would agree
to that condition if it’s possible to insert one.
Mr. Kolber indicated that there is no survey for this property, so there cannot be an
evaluation of any non-conforming use. The density is appropriate. He recommended
that the Board approve the waiver for the parking variance.
Ms. Williams asked for public comment. With no answer from the gallery the following
vote was set forth:
Approve 22-Z-415NM and a railing will be added to the front porch with spindles or metal
material safe for children and adults. The Applicant will work with the city to add a tree out front
Member Aye Nay Ab-stain 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
22-Z-317AC 317 Academy Street BL: 603 L: 30 Residential “B” Zone
Hanover Academy Historic District
Appeal by Applicant/Owner Mariana Martinez 456 Otis Road North Brunswick New Jersey 08902 to convert a single-
family dwelling unit into a two residential dwelling unit. First floor unit (Unit # 1) has 587 sq. ft of habitable space while
the second and third floor unit (Unit #2) has 918 sq. ft of habitable space. Requesting exception to Chapter 315-96
Permitted Uses in the Residential “B” Zone any/all Bulk Requirements and Parking if applicable under Chapter 315-
100.
Ms. Mariana Martinez was re-sworn in and described the property and indicated that on
Academy Street, there are other properties similar to this one that have been converted into
multi-family units. She described the improvements planned for the unit and noted that the
previous owner had already made improvements, so the rehabilitation of the property is not
substantial. She noted that she is aware that the windows that are front-facing on the property
will need to conform to the historic requirements for the property, including the single pane
over the single pane windows. The property has been vacant for a long time. The 6x11 space can
be converted into a walk-in closet for the Master Bedroom.
This property has not been before the Landmarks Commission and that is still required. A
Restoration permit is not being requested as that will be requested from the Landmarks
Commission.
The Board noted that this part of Academy Street has multiple single-family homes and those
living there are longtime residents of the neighborhood. The Applicant indicated that if a multi-
family is not approved then she would return with an application for a single-family. Mr. Bucchi
described the limited circumstances this Applicant would have to return before the Board should
the property continues as a single-family dwelling.
Mr. Kolber indicated that a two-family dwelling would be appropriate for this area and would
align with the Trenton250 Master Plan. It is not believed that parking is an issue because there is
a park across the street that can provide relief for the parking so the City does not believe there
is any detriment to granting a waiver for the parking.
Ms. Williams asked for public comment. With no answer from the gallery the following vote was
set forth:
Approve 317 Academy ST to include a waiver of the parking requirement.
Member Aye Nay Ab-stain Motioned Seconded
Jennifer Williams X X
Trina McClendon X
Fred Costanzo X X
Carol Graff X
Mary Horne X
Michael Raab X
Brenda Turner X
Meeting Adjourn 9:18 pm
Respectfully submitted by
Cherry Oakley, Zoning Board Secretary
Agenda
ZONING CASES
ZONING BOARD OF ADJUSMENTS
CITY OF TRENTON
The following appeals from the refusal of the Building Inspector to grant a permit shall be heard at the regular
meeting of the Zoning Board of Adjustment on December 21, 2022, at 7:00 p.m.:
For internet access: enter the following URL in your internet browser:
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_NThjMTRkMjMtNWYyMy00ODE5LWFkOGEtNmYwMWYyNGIwYTAx%40thread.v2/0
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55d36a0de932%22%2c%22Oid%22%3a%22001a9d24-1532-4fb4-9bde-b761bed214fa%22%7d
The Microsoft Teams Meeting program will download and automatically open to the meeting. You will be prompted to enter
your name and to set your audio and video features. You may select whether or not you want video and audio of the
meeting turned on or off.
2) For dial-in access: Call 609-453-2732. When prompted, enter the conference id number: 678758581#. You will be
prompted to speak you name before entering the meeting. Follow the prompts.
Due to Covid-19 Protocols for Electronic Meetings before the Planning Board/Zoning Board of the City of Trenton adheres as
follows; the applicant has the right to carry the hearing until a time when we may resume our physical meetings in the City
of Trenton Council Chambers where case hearings are heard.
The meetings are proceeding under the guidelines provided by Department of Community Affairs (DCA) and Electronic
Meeting protocols have been promulgated pursuant to the DCA directive and have not been statutorily adopted or upheld
by the Superior Court Division’s Guidance for Remote Public Meetings and the Board cannot provide legal advice as to
whether the guidelines and the notice provisions provided therein will be sustainable upon challenge in the Superior
Court. The Board will consider the applicant may present reasonable suggestions and requests for accommodation as and
that all such requests will be considered in light of providing access to the public, clarity, and coordination of presentation,
and preservation of the due process rights of all parties to be heard and participate in the public hearing.
CARRIED FROM NOVEMBER 16, 2022
22-Z-3HEWI 3 Hewitt Street BL: 16703 L: 24 Residential “B” Zone
Appeal by Owner Vito Conigliaro, Managing Member of applicant 3 Hewitt Street LLC, c/o Carl M. Ippolito Esquire,
207 Stony Hill Road Hopewell new Jersey 08525 convert a single-family row home to a row home with an attached
studio apartment. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100
Parking) if applicable.
NEW
22-Z-415NM 415 North Montgomery Street BL: 13703 L: 14 Residential “B” Zone
Appeal by Applicant/Owner Mariana Martinez 456 Otis Road North Brunswick New Jersey 08902 to convert a single-
family dwelling unit into a two residential dwelling unit. First floor unit (Unit # 1) has 673 sq. ft of habitable space while
the second and third floor unit (Unit #2) has 867 sq. ft of habitable space. Requesting exception to Chapter 315-96
Permitted Uses in the Residential “B” Zone any/all Bulk Requirements and Parking if applicable under Chapter 315-
100.
22-Z-317AC 317 Academy Street BL: 603 L: 30 Residential “B” Zone
Hanover Academy Historic District
Appeal by Applicant/Owner Mariana Martinez 456 Otis Road North Brunswick New Jersey 08902 to convert a single-
family dwelling unit into a two residential dwelling unit. First floor unit (Unit # 1) has 587 sq. ft of habitable space while
the second and third floor unit (Unit #2) has 918 sq. ft of habitable space. Requesting exception to Chapter 315-96
Permitted Uses in the Residential “B” Zone any/all Bulk Requirements and Parking if applicable under Chapter 315-
100.
The City of Trenton Zoning Board of Appeals is held remotely by information stated below. Due to Covid-19, plans and
applications are available for inspection by APPOINTMENT ONLY. You can make an appointment by calling
609-989-3507. To view site plans and other related information, you can visit the City of Trenton web site at:
https://www.trentonnj.org under Zoning Board 12/21/2022.
City of Trenton
Department of Housing and Economic Development – Division of Planning
MEMORANDUM
DATE: 10/12/2022 [amended 11/10/22]
TO: Zoning Board of Adjustment
FROM: Jeffrey Wilkerson, AICP, PP
RE: Case: 22-Z-3HEWI
3 Hewitt Street
Block(s): 16703 Lot(s): 24
Type of Variance Request: D(1) Use Variance
Staff Comments
APPLICANT/OWNER
Vito Conigliaro c/o Carl M. Ippololito, Esq.
3 Hewitt Street, LLC 207 Stony Hill Road
69 Koenig Lane Hopewell, NJ 08525
Freehold, NJ 07728
SCHEDULED HEARING DATE: October 19, 2022
APPLICATION SUMMARY
Applicant/Owner seeks to convert a one-unit structure into a two-unit structure. The building appears to have a
one-story addition attached to the original building. It is proposed to convert this one-story addition into a 350 SF
studio apartment with a private exterior entrance.
The site is located within the Residential B zoning district of the Land Development Ordinance (2010), which only
permits single-family dwelling units.
Description: Current structure is a two-story brick structure with an attached one-story structure that
appears to be a wooden structure.
Proposed Use: Multi-family (Not Permitted)
Present Use: Single-family
Land Area: 1,313 ± SF
Development Floor Area: 350 ±SF
Zoning District: Residential B (RB)
Designated Redevelopment Area: N/A
Historic District: N/A
Parking requirement: Need more information to determine (# of bedrooms in the existing unit?)
<Cont’d>
Case 22-Z-3HEWI Division of Planning Staff Comments
BACKGROUND
Image below: Red bordered lots show the current lot configurations.
Aerial View
Page 2 of 7
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-3HEWI Division of Planning Staff Comments
Street View
STAFF COMMENTS
1. The Applicant shall provide testimony regarding the current state and use of the addition.
2. The Applicant shall provide an updated floor plan of the studio that aligns with the current footprint and the
diagonal lot line.
3. The Applicant shall provide testimony about the configuration of the rooms, the ability to fit in and access
amenities, and the ability to provide adequate living space given the irregular shape of the building.
4. Applicant shall provide testimony regarding safety and security measures for the site, plus means of
egress.
5. The Applicant’s experts shall address through testimony the positive and negative criteria required to grant
relief from Residential B (RB) standards.
6. Applicant shall provide testimony regarding project compliance with the zoning and uniform construction
code.
7. Applicant shall provide testimony for, but not limited to, the following:
a. exterior improvements, especially if any additional windows for lighting and fresh air can be added,
façade materials,
b. utilities,
c. landscaping,
d. parking,
e. trash removal.
STAFF RECOMMENDED CONDITIONS
In the event a motion is made to approve this application, staff recommends the following conditions:
Page 3 of 7
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-3HEWI Division of Planning Staff Comments
1. All testimony given by the applicant and their expert witnesses in accordance with this application shall be
binding.
2. All street trees and landscaping shall be installed in accordance with § 315-210, prior to issuance of a
Certificate of Occupancy.
3. Applicant and Owners shall comply with all conditions of approval set forth on the record by the Zoning
Board and/or the Division of Planning staff.
4. The memorialized resolution shall be recorded with the office of the County Registrar and made part of the
deed.
STAFF RECOMMENDATIONS
Staff recommends Approval. This approval should be conditioned on the provision of testimony and/or plans
demonstrating adequate living space and the ability to fit in, and access internal features given the irregular
dimensions of the building.
ADDENDUM
(Excerpts from applicable Zoning District, Redevelopment Area Plan,
Trenton250 Master Plan Land Use Report, variance relief guidance, etc.)
2010 Land Development Ordinance excerpt…
RESIDENTIAL B (RB)
§ 315-96. Principal permitted uses.
A. Detached single-family dwelling units
B. Semidetached single-family dwelling units
C. Row house dwelling units
§ 315-97. Permitted accessory buildings and uses.
A. Private residential swimming pools and tennis courts, in accordance with § 315-238 and
§ 315-239.
B. Private residential greenhouses, storage sheds and private garages, in accordance with
§ 315-233.
C. Attached and detached private garages and carports.
D. Home occupation use, provided that such use is conducted only in the principal dwelling structure, only
by the residents of such structure, does not occupy more than one room or 25% of the gross floor area
of the dwelling structure, there is no exterior evidence of such use, i.e., no exterior display, no exterior
storage of materials and no exterior change in the residential character of the principal building,
and no sounds, vibrations, fumes, odors, generation of traffic or other such nuisances shall be
discernible outside the dwelling structure. No more than one client, customer or pupil may be on the
premises at any one time, and no stock in trade or commodity shall be sold upon the premises as in a
sales outlet.
E. Family day care homes, in accordance with § 315-241
Page 4 of 7
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-3HEWI Division of Planning Staff Comments
F. Animal shelters for domestic pets provided that the total area of the shelter does not exceed 24square
feet.
G. Signs, in accordance with Article XXV (§ 315-191 et seq.).
H. Unroofed exterior accessory uses customarily incidental to permitted residential uses, such as,but
not limited to, patios, child play facilities, and decks, in accordance with Article XXX (§ 315-230et seq.).
I. Satellite communications dish receiving antennas, provided that the dish antenna is located onlyin a
rear yard area and does not exceed 15 feet in height, measured from the ground level at the installation
location. Roof installations may be permitted only if the dish antenna is not visible fromthe street
frontage.
§ 315-98. Permitted conditional uses. [Amended 9-5-2002 by Ord. No. 02-80]
A. Public utility use
B. Schools
C. Churches
D. Parking lot
E. Daycare/Child care center
F. Nursing home
G. Telecommunications facilities
§ 315-99. Lot size, area, yard and building requirements
Residence B District
Detached Semi-detached Rowhouse
unit unit Structures
Min. lot area 4,000 2,500/unit 1,500/ unit
(sf)
Min. yards(1)
Front(2) Avg. or 20 Avg. or 20 Avg. or 20
Rear 35 35 35
Side
One 6(3) 6 ---(3)
Both 14 --- ---(3
Min. lot width (ft) 40 25/unit 15/unit
Max. bldg. 3/35 3/35 3/35
height
(stories/ft)
Max. lot 45% 50% 50%
coverage
Min. net 1,200 1,000/unit 900/unit
habitable area (sf)
Page 5 of 7
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-3HEWI Division of Planning Staff Comments
NOTES:
1 See §315-232, Yard Exceptions.
2 When there is only one existing structure on a block, the front yard setback for a new structure shall be 0’.
3 There shall be no more than eight units in any one rowhouse structure. A minimum side yard setback of 6 feet is required for each end unit in a rowhouse structure..
§ 315-100. General requirements
A. Not more than one principal residential structure shall be located on a lot.
B. Two off-street parking spaces shall be provided for each single-family dwelling unit (including detached,
semi-detached, and rowhouse units). Other permitted uses shall comply with theparking requirements of
Article XXIV (§ 315-178 et seq.), or other applicable sections.
C. The parking of vehicles on the front or side yards in front of the front building line is prohibited, including
parking provided except in enclosed garages. Permitted parking must comply with the requirements of §
315-180.
D. The exterior storage of vehicles, trucks, and boats shall comply with the requirements of § 315-234.
E. Fences and masonry walls shall comply with the requirements of § 315-236.
F. When a residential structure is proposed to be built on a vacant parcel of land, the building design of the
proposed dwelling unit shall be similar to other residential structures within a radius of 200feet, with
respect to:
(1) Building height.
(2) Roof shape.
(3) Wall siding materials.
(4) Window and door type, size, and number.
(5) Street orientation.
(6) Housing type, detached, semi-detached or row.
G. When a garage door is proposed to be located on the front façade of a residential structure, the
residential structure must be at least 20 feet wide and the garage door must not comprise more than 40
percent of the front façade. Such door must be incorporated into the ground floor façade in such a
manner as to provide the appearance of residential living space on the ground floor level.
Trenton250 Master Plan Land Use Report excerpt…
Applicable Land Use – Neighborhood Residential High Density (NR-3)
The Neighborhood Residential High Density (NR-3) zone covers high-density residential areas. Neighborhood
densities range from 15 to 40 units/acre, although some larger lot homes do exist. However, this density primarily
results from the prevalence of single-family housing (whether semi-attached or attached) on small lots, although
multi-family apartment buildings should be permitted on a conditional basis. Adjoining buildings, whether semi-
attached or attached, should continue to be predominant.
Housing within this zone should have little to no setback; setbacks for new development should be no further than
the median setback on the block to minimize setback variation. In addition to residential uses, the NR-3 zone
typically contains small neighborhood-serving commercial uses within clusters along corridors or intersections. To
promote the community character and vibrancy that currently exists, commercial uses of 5,000 gross leasable
square feet or smaller should be permitted by right in the zone. Complete sidewalk networks should exist within the
NR-3 zone, and accommodations should be made for multimodal transportation options, such as bike lanes.
Page 6 of 7
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-3HEWI Division of Planning Staff Comments
Parking within the NR-3 zone can be accommodated through driveways on non-primary facades; multi-family
structures that require surface parking lots must locate parking in the rear of the building.
Appropriate Land Uses General Design Character Building Types
• Residential Building Height: 3 stories maximum • Single Family
• Local Serving Retail Building Placement: Detached
(less than 5,000 sqft) • Building facades • Single Family Semi-
• Community Garden shall have no setback detached
• Community from the street • Townhome
Center/Library Building Frontage: • Small Multifamily
• Parks/Open space • Mixed- • Small Mixed-Use /
use/commercial Live-work
buildings shall have
ground-floor commercial
comprising of 25%
façade transparency on
the primary façade
• At least one entry
must face the primary
street
Parking:
• Shall be located
behind the primary
street-facing building
facade
Page 7 of 7
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Bernardes Engineering and Design ENGINEERING PROJECT-ASBUILT PLANS
Consultants NO. DESCRIPTION BY DATE
PREPARED FOR
152 High Street BUILDING DESIGN & LAYOUT
Perth Amboy, NJ 08861
732-640-8813 STORMWATER MANGEMENT 3B HEWITT
RENATOL.BERNARDES,P.E. ENGINEER:
CERTIFICATE OF AUTHORIZATION #24GA28329300 BLOCK 16703-LOT 24
SITUATED IN
NJ LICENSE No. 24GE05289200
PROFESSIONAL ENGINEER
CITY OF TRENTON
www.bernardesengineering.com MERCER COUNTY-NEW JERSEY
FIRST FLOOR PLAN
SECOND FLOOR PLAN
Bernardes Engineering and Design ENGINEERING PROJECT-ASBUILT PLANS
Consultants NO. DESCRIPTION BY DATE
PREPARED FOR
152 High Street BUILDING DESIGN & LAYOUT
Perth Amboy, NJ 08861
732-640-8813 STORMWATER MANGEMENT 3B HEWITT
RENATOL.BERNARDES,P.E. ENGINEER:
CERTIFICATE OF AUTHORIZATION #24GA28329300 BLOCK 16703-LOT 24
SITUATED IN
NJ LICENSE No. 24GE05289200
PROFESSIONAL ENGINEER
CITY OF TRENTON
www.bernardesengineering.com MERCER COUNTY-NEW JERSEY
City of Trenton
Department of Housing and Economic Development – Division of Planning
MEMORANDUM
DATE: 12/09/2022
TO: Zoning Board of Appeals
FROM: Michael Kolber, Senior Planner
RE: Case 22-Z-415NM
415 North Montgomery Street
Block(s): 8001 Lot(s): 7
D(1) Variance- Use
Staff Comments
APPLICANT/OWNER
Mariana Martinez
456 Otis Road
North Brunswick, NJ 08902
SCHEDULED HEARING DATE: December 21, 2022
APPLICATION SUMMARY
Applicant/Owner seeks to convert a single-family attached dwelling unit into a two-family dwelling unit. There will be
a one-bedroom apartment on the first floor and an two-bedroom apartment on the upper floors.
The site is located within the Residential B zoning district of the Land Development Ordinance (2010). Variances
required include D(1) Variance- Use.
Description: Redevelopment of an existing Single Family-Attached residential unit into a Two-Family Unit.
Proposed Use: Residential, Two-Family (Not Permitted)
Present Use: Residential, Single Family-Attached
Land Area: 2015 SF
Development Floor Area: 1540 SF
Zoning District: Residential B (RB)
Designated Redevelopment Area: Canal Banks (RB)
Historic District: N/A
<Cont’d>
Case 22-Z-415NM Division of Planning Staff Comments
BACKGROUND
Image below: Red bordered lots show the current lot configurations.
STAFF COMMENTS
1. The Canal Banks redevelopment area plan calls for one off-street parking space per new dwelling unit. The
Board is given the right to waive the requirement in the interest of orderly and appropriate development.
See redevelopment plan excerpts, below.
2. While not permitted by current zoning, the Trenton250 Master Plan envisions this area as Neighborhood
Residential 3, which would permit this type of development.
3. Testimony should be provided regarding the unique attributes of the site that makes it “particularly suitable” for the
proposed non-permitted use, and how locating the proposed use on this particular site in this zone specifically
promotes the purposes of planning.
4. Applicant shall provide testimony for, but not limited to, the following: site improvements, landscaping, trash
removal, lighting, and safety and security measures for the site.
5. It appears from the street that there may be a basement in this building, but this does not appear in the plans. The
applicant should clarify whether or not there is a basement and, if so, what the intended plan is for that space.
6. Applicant shall provide testimony about the accessibility and use of the rear yard.
7. Applicant shall provide testimony about whether the planting of a street tree on North Montgomery is
feasible.
8. Closets do not appear in the drawings; the applicant shall provide testimony about whether closets will be
built into any of the bedrooms or kitchen.
9. Site plan is not required for this development.
Page 2 of 6
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-415NM Division of Planning Staff Comments
STAFF RECOMMENDED CONDITIONS
In the event a motion is made to approve this application, staff recommends the following conditions:
1. All testimony given by the applicant and their expert witnesses in accordance with this application shall be
binding.
2. Applicant and Owners shall comply with all conditions of approval set forth on the record by the Planning
Board and/or the Division of Planning staff.
STAFF RECOMMENDATIONS
Staff recommends Approval. The proposed development is aligned with the Trenton250 Master Plan.
ADDENDUM
(Excerpts from applicable Zoning District, Redevelopment Area Plan,
Trenton250 Master Plan Land Use Report, variance relief guidance, etc.)
2010 Land Development Ordinance excerpt…
RESIDENTIAL B (RB)
§ 315-96. Principal permitted uses.
A. Detached single-family dwelling units
B. Semidetached single-family dwelling units
C. Row house dwelling units
§ 315-97. Permitted accessory buildings and uses.
A. Private residential swimming pools and tennis courts, in accordance with § 315-238 and §
315- 239.
B. Private residential greenhouses, storage sheds and private garages, in accordance with §
315- 233.
C. Attached and detached private garages and carports.
D. Home occupation use, provided that such use is conducted only in the principal dwelling
structure, only by the residents of such structure, does not occupy more than one room or 25% of
the gross floor area of the dwelling structure, there is no exterior evidence of such use, i.e., no
exterior display, no exterior storage of materials and no exterior change in the residential character
of the principal building, and no sounds, vibrations, fumes, odors, generation of traffic or other such
nuisances shall be discernible outside the dwelling structure. No more than one client, customer or
pupil may be on the premises at any one time, and no stock in trade or commodity shall be sold
upon the premises as in a sales outlet.
E. Family day care homes, in accordance with § 315-241
F. Animal shelters for domestic pets provided that the total area of the shelter does not
exceed 24 square feet.
G. Signs, in accordance with Article XXV (§ 315-191 et seq.).
H. Unroofed exterior accessory uses customarily incidental to permitted residential uses, such
as, but not limited to, patios, child play facilities, and decks, in accordance with Article XXX (§ 315-
230 et seq.).
Page 3 of 6
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-415NM Division of Planning Staff Comments
I. Satellite communications dish receiving antennas, provided that the dish antenna is
located only in a rear yard area and does not exceed 15 feet in height, measured from the ground
level at the installation location. Roof installations may be permitted only if the dish antenna is not
visible from the street frontage.
§ 315-98. Permitted conditional uses. [Amended 9-5-2002 by Ord. No. 02-80]
A. Public utility use
B. Schools
C. Churches
D. Parking lot
E. Daycare/Child care center
F. Nursing home
G. Telecommunications facilities
§ 315-99. Lot size, area, yard and building requirements
Residence B District
Detached Semi-detached Rowhouse
unit unit Structures
Min. lot area 4,000 2,500/unit 1,500/ unit
(sf)
Min. yards(1)
Front(2) Avg. or 20 Avg. or 20 Avg. or 20
Rear 35 35 35
Side
One 6(3) 6 ---(3)
Both 14 --- ---(3
Min. lot width (ft) 40 25/unit 15/unit
Max. bldg. 3/35 3/35 3/35
height
(stories/ft)
Max. lot 45% 50% 50%
coverage
Min. net 1,200 1,000/unit 900/unit
habitable area (sf)
NOTES:
1 See §315-232, Yard Exceptions.
2 When there is only one existing structure on a block, the front yard setback for a new structure shall be 0’.
3 There shall be no more than eight units in any one rowhouse structure. A minimum side yard setback of 6 feet is required for each end unit in a rowhouse structure..
§ 315-100. General requirements
A. Not more than one principal residential structure shall be located on a lot.
Page 4 of 6
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-415NM Division of Planning Staff Comments
B. Two off-street parking spaces shall be provided for each single-family dwelling unit
(including detached, semi-detached, and rowhouse units). Other permitted uses shall comply with the
parking requirements of Article XXIV (§ 315-178 et seq.), or other applicable sections.
C. The parking of vehicles on the front or side yards in front of the front building line is
prohibited, including parking provided except in enclosed garages. Permitted parking must comply
with the requirements of § 315-180.
D. The exterior storage of vehicles, trucks, and boats shall comply with the requirements of §
315- 234.
E. Fences and masonry walls shall comply with the requirements of § 315-236.
F.When a residential structure is proposed to be built on a vacant parcel of land, the building design
of the proposed dwelling unit shall be similar to other residential structures within a radius of 200 feet,
with respect to:
1. Building height.
2. Roof shape.
3. Wall siding materials.
4. Window and door type, size, and number.
5. Street orientation.
6. Housing type, detached, semi-detached or row.
G. When a garage door is proposed to be located on the front façade of a residential
structure, the residential structure must be at least 20 feet wide and the garage door must not
comprise more than 40 percent of the front façade. Such door must be incorporated into the ground
floor façade in such a manner as to provide the appearance of residential living space on the ground
floor level.
Canal Banks Redevelopment Area Plan excerpts…
2. Residential (R)
The RB zoning classification shall apply to all new and rehabilitated housing in this district. Existing multifamily
housing units are grandfathered into this district. Temporary surface parking, of up to 18 months, associated with a
development plan shall be permitted on land that is vacant.
3. Improved Traffic Patterns and Parking
A number of recommendations are put forth to alleviate parking in the neighborhood and improve traffic
circulation in the Project area:
a. For all construction of new residential units, one off-street parking space per new dwelling unit shall
be required. The Planning Board may waive the requirement where it feels that strict enforcement is not
in the interest of the orderly and appropriate development of the area. Additionally, the Planning Board
may grant de minimis exceptions from the New Jersey Residential Site Improvement Standard, when
these exceptions further the intent of this redevelopment plan.
Page 5 of 6
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-415NM Division of Planning Staff Comments
Trenton250 Master Plan Land Use Report excerpt…
Applicable Land Use – Neighborhood Residential High Density (NR-3)
The Neighborhood Residential High Density (NR-3) zone covers high-density residential areas. Neighborhood
densities range from 15 to 40 units/acre, although some larger lot homes do exist. However, this density primarily
results from the prevalence of single-family housing (whether semi-attached or attached) on small lots, although
multi-family apartment buildings should be permitted on a conditional basis. Adjoining buildings, whether semi-
attached or attached, should continue to be predominant.
Housing within this zone should have little to no setback; setbacks for new development should be no further than
the median setback on the block to minimize setback variation. In addition to residential uses, the NR-3 zone
typically contains small neighborhood-serving commercial uses within clusters along corridors or intersections. To
promote the community character and vibrancy that currently exists, commercial uses of 5,000 gross leasable
square feet or smaller should be permitted by right in the zone. Complete sidewalk networks should exist within the
NR-3 zone, and accommodations should be made for multimodal transportation options, such as bike lanes.
Parking within the NR-3 zone can be accommodated through driveways on non-primary facades; multi-family
structures that require surface parking lots must locate parking in the rear of the building.
Appropriate Land Uses General Design Character Building Types
• Residential Building Height: 3 stories maximum • Single Family
• Local Serving Retail Building Placement: Detached
(less than 5,000 sqft) • Building facades • Single Family Semi-
• Community Garden shall have no setback detached
• Community from the street • Townhome
Center/Library Building Frontage: • Small Multifamily
• Parks/Open space • Mixed- • Small Mixed-Use /
use/commercial Live-work
buildings shall have
ground-floor commercial
comprising of 25%
façade transparency on
the primary façade
• At least one entry
must face the primary
street
Parking:
• Shall be located
behind the primary
street-facing building
facade
Page 6 of 6
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
DEN
KITCHEN
10'-3" X 9'-7"
KITCHEN
10'-3" X 15'-7"
BATH
6'-11" X 5'-6"
DN
LIVING
12'-1" X 11'-4"
LIVING
11'-8" X 15'-5"
UP
DN UP
BEDROOM
15'-2" X 27'-0"
BEDROOM
15'-2" X 12'-6" BEDROOM
11'-8" X 11'-3"
City of Trenton
Department of Housing and Economic Development – Division of Planning
MEMORANDUM
DATE: 12/09/2022
TO: Zoning Board of Appeals
FROM: Michael Kolber, Senior Planner
RE: Case 22-Z-317AC
317 Academy Street
Block(s): 603 Lot(s): 30
D(1) Variance- Use
Staff Comments
APPLICANT/OWNER
Mariana Martinez
456 Otis Road
North Brunswick, NJ 08902
SCHEDULED HEARING DATE: December 21, 2022
APPLICATION SUMMARY
Applicant/Owner seeks to convert a single-family attached dwelling unit into a two-family dwelling unit. There will be
a one-bedroom apartment on the first floor and a three-bedroom apartment on the upper floors.
The site is located within the Residential B zoning district of the Land Development Ordinance (2010). Variances
required include D(1) Variance- Use.
Description: Redevelopment of an existing Single Family-Attached residential unit into a Two-Family Unit.
Proposed Use: Residential, Two-Family (Not Permitted)
Present Use: Residential, Single Family-Attached
Land Area: 1512 SF
Development Floor Area: 1505 SF
Zoning District: Residential B (RB)
Designated Redevelopment Area: Canal Banks (RB)
Historic District: Hanover/Academy
<Cont’d>
Case 22-Z-317AC Division of Planning Staff Comments
BACKGROUND
Image below: Red bordered lots show the current lot configurations.
STAFF COMMENTS
1. The Canal Banks redevelopment area plan calls for one off-street parking space per new dwelling unit. The
Board is given the right to waive the requirement in the interest of orderly and appropriate development.
See redevelopment plan excerpts, below.
2. While not permitted by current zoning, the Trenton250 Master Plan envisions this area as Mixed Use
Live/Work, which would permit this type of development.
3. Testimony should be provided regarding the unique attributes of the site that makes it “particularly suitable” for the
proposed non-permitted use, and how locating the proposed use on this particular site in this zone specifically
promotes the purposes of planning.
4. Applicant shall provide testimony for, but not limited to, the following: site improvements, landscaping, trash
removal, lighting, and safety and security measures for the site.
5. It appears from the street that there may be a basement in this building, but this does not appear in the plans. The
applicant should clarify whether or not there is a basement and, if so, what the intended plan is for that space.
6. Applicant shall provide testimony about the accessibility and use of the rear yard.
7. Closets do not appear in the drawings; the applicant shall provide testimony about whether closets will be
built into any of the bedrooms or kitchen.
8. Site plan is not required for this development.
STAFF RECOMMENDED CONDITIONS
In the event a motion is made to approve this application, staff recommends the following conditions:
Page 2 of 6
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-317AC Division of Planning Staff Comments
1. One of the third-floor bedrooms is exceptionally small. The board should require that this either be made
into a room with a different use or merged with the other bedroom. In either case, only two bedrooms
should be permitted in the upper apartment unit.
2. All testimony given by the applicant and their expert witnesses in accordance with this application shall be
binding.
3. Applicant and Owners shall comply with all conditions of approval set forth on the record by the Planning
Board and/or the Division of Planning staff.
4. A restoration permit from the Landmarks Commission for Historic Preservation is required. No change to
the exterior of the building, including materials and color, as well as any changes that may be required by
the Construction Official, including changes to windows to accommodate egress for the new residential
unit, shall be permitted without consultation with and approval by the Landmarks Commission for Historic
Preservation.
STAFF RECOMMENDATIONS
Staff recommends Approval. The proposed development is aligned with the Trenton250 Master Plan.
ADDENDUM
(Excerpts from applicable Zoning District, Redevelopment Area Plan,
Trenton250 Master Plan Land Use Report, variance relief guidance, etc.)
2010 Land Development Ordinance excerpt…
RESIDENTIAL B (RB)
§ 315-96. Principal permitted uses.
A. Detached single-family dwelling units
B. Semidetached single-family dwelling units
C. Row house dwelling units
§ 315-97. Permitted accessory buildings and uses.
A. Private residential swimming pools and tennis courts, in accordance with § 315-238 and §
315- 239.
B. Private residential greenhouses, storage sheds and private garages, in accordance with §
315- 233.
C. Attached and detached private garages and carports.
D. Home occupation use, provided that such use is conducted only in the principal dwelling
structure, only by the residents of such structure, does not occupy more than one room or 25% of
the gross floor area of the dwelling structure, there is no exterior evidence of such use, i.e., no
exterior display, no exterior storage of materials and no exterior change in the residential character
of the principal building, and no sounds, vibrations, fumes, odors, generation of traffic or other such
nuisances shall be discernible outside the dwelling structure. No more than one client, customer or
pupil may be on the premises at any one time, and no stock in trade or commodity shall be sold
upon the premises as in a sales outlet.
E. Family day care homes, in accordance with § 315-241
Page 3 of 6
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-317AC Division of Planning Staff Comments
F. Animal shelters for domestic pets provided that the total area of the shelter does not
exceed 24 square feet.
G. Signs, in accordance with Article XXV (§ 315-191 et seq.).
H. Unroofed exterior accessory uses customarily incidental to permitted residential uses, such
as, but not limited to, patios, child play facilities, and decks, in accordance with Article XXX (§ 315-
230 et seq.).
I. Satellite communications dish receiving antennas, provided that the dish antenna is
located only in a rear yard area and does not exceed 15 feet in height, measured from the ground
level at the installation location. Roof installations may be permitted only if the dish antenna is not
visible from the street frontage.
§ 315-98. Permitted conditional uses. [Amended 9-5-2002 by Ord. No. 02-80]
A. Public utility use
B. Schools
C. Churches
D. Parking lot
E. Daycare/Child care center
F. Nursing home
G. Telecommunications facilities
§ 315-99. Lot size, area, yard and building requirements
Residence B District
Detached Semi-detached Rowhouse
unit unit Structures
Min. lot area 4,000 2,500/unit 1,500/ unit
(sf)
Min. yards(1)
Front(2) Avg. or 20 Avg. or 20 Avg. or 20
Rear 35 35 35
Side
One 6(3) 6 ---(3)
Both 14 --- ---(3
Min. lot width (ft) 40 25/unit 15/unit
Max. bldg. 3/35 3/35 3/35
height
(stories/ft)
Max. lot 45% 50% 50%
coverage
Min. net 1,200 1,000/unit 900/unit
habitable area (sf)
NOTES:
1 See §315-232, Yard Exceptions.
Page 4 of 6
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-317AC Division of Planning Staff Comments
2 When there is only one existing structure on a block, the front yard setback for a new structure shall be 0’.
3 There shall be no more than eight units in any one rowhouse structure. A minimum side yard setback of 6 feet is required for each end unit in a rowhouse structure..
§ 315-100. General requirements
A. Not more than one principal residential structure shall be located on a lot.
B. Two off-street parking spaces shall be provided for each single-family dwelling unit
(including detached, semi-detached, and rowhouse units). Other permitted uses shall comply with the
parking requirements of Article XXIV (§ 315-178 et seq.), or other applicable sections.
C. The parking of vehicles on the front or side yards in front of the front building line is
prohibited, including parking provided except in enclosed garages. Permitted parking must comply
with the requirements of § 315-180.
D. The exterior storage of vehicles, trucks, and boats shall comply with the requirements of §
315- 234.
E. Fences and masonry walls shall comply with the requirements of § 315-236.
F.When a residential structure is proposed to be built on a vacant parcel of land, the building design
of the proposed dwelling unit shall be similar to other residential structures within a radius of 200 feet,
with respect to:
1. Building height.
2. Roof shape.
3. Wall siding materials.
4. Window and door type, size, and number.
5. Street orientation.
6. Housing type, detached, semi-detached or row.
G. When a garage door is proposed to be located on the front façade of a residential
structure, the residential structure must be at least 20 feet wide and the garage door must not
comprise more than 40 percent of the front façade. Such door must be incorporated into the ground
floor façade in such a manner as to provide the appearance of residential living space on the ground
floor level.
Canal Banks Redevelopment Area Plan excerpts…
2. Residential (R)
The RB zoning classification shall apply to all new and rehabilitated housing in this district. Existing multifamily
housing units are grandfathered into this district. Temporary surface parking, of up to 18 months, associated with a
development plan shall be permitted on land that is vacant.
3. Improved Traffic Patterns and Parking
A number of recommendations are put forth to alleviate parking in the neighborhood and improve traffic
circulation in the Project area:
a. For all construction of new residential units, one off-street parking space per new dwelling unit shall
be required. The Planning Board may waive the requirement where it feels that strict enforcement is not
in the interest of the orderly and appropriate development of the area. Additionally, the Planning Board
may grant de minimis exceptions from the New Jersey Residential Site Improvement Standard, when
these exceptions further the intent of this redevelopment plan.
Page 5 of 6
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
Case 22-Z-317AC Division of Planning Staff Comments
Trenton250 Master Plan Land Use Report excerpt…
Applicable Land Use – Mixed Use - Live/Work (MU-3)
The Mixed Use - Live/Work District (MU-3) zone is intended to allow for the creation of an area of choice for artists, creative
entrepreneurs, and people who love urban living. Land uses which support this goal include arts studios (supporting fine arts,
visual arts, music, and dance, among others), galleries, performance spaces, retail, as well as restaurants, cafes, bars, and
nightclubs. In addition, “live/work" uses are strongly encouraged. These uses allow residents to use a building or spaces
jointly for the production of goods and for residential purposes. Live/work uses can take place in a variety of building types,
including former industrial buildings and Small Mixed Use building that have a ground floor shop and a residential unit above.
In all instances, the main entrance for ground-floor uses shall face the primary street, and stores shall have individual
entrances where possible. Development within the area should be contextually appropriate and sensitive to the historic fabric
of the adjoining historic Hanover – Academy Historic District. Parking within the MU-3 zone shall be located in the rear of
buildings or on the street. Parking structures may be compatible with this zone, so long as they are not visible from the public
realm. The further addition of surface parking within this area is to be wholly discouraged and district and shared parking
strategies should be used whenever possible.
Appropriate Land Uses General Design Character Building Types
• A mixture of uses Building Height: 2 to 5 stories • Single Family Semi-
within the building is maximum detached
encouraged Building Placement: • Townhome
• Residential • Street facing • Small Multi-Family
• Retail facades of commercial, • Small Mixed-
• Professional Office mixed-use and Use/Live-Work
• Artist Studio multifamily buildings • Large Mixed-Use
• Art Gallery shall be built to the • Institutional
• Live/Work sidewalk
• Brewery/distillery • Single-use
• Restaurants, cafes, residential shall have a
bars, and nightclubs shallow setback
• Co-working facility Building Frontage:
• Artisanal/Micro • Mixed use
Manufacturing buildings shall active
ground floor
commercial uses that
have 40% facade
transparency on the
primary facade
• At least one
entrance must face the
primary street
Parking:
• Shall be located
behind the primary
street-facing building
facade
Page 6 of 6
The Division of Planning staff comments/recommendations on proposed applications
does not assure approval for development applications submitted for Board hearings.
BATH
10'-10" X 6'-0"
BEDROOM
10'-10" X 13'-4"
KITCHEN
10'-10" X 12'-0"
KITCHEN
10'-10" X 14'-11"
LIVING
10'-10" X 26'-2"
DN
BEDROOM
6'-11" X 8'-3"
LIVING
9'-6" X 24'-1"
UP
BEDROOM BEDROOM
12'-10" X 10'-7" 12'-10" X 10'-8"
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