Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, March 15, 2023 Via Microsoft Teams Members in Attendance: Trina McClendon, Vice Chair Caitlin Fair Carol Graff Fred Costanzo Ruth Jackson Carmen Rodriguez Brenda Turner Members Not in Attendance: Michael Raab Shaheed Morris Public Hearing Ms. McClendon opened the hearing at 7: 06 pm. Mr. McGill read the Open Public Meetings statement. Mr. McGill announced that Mary Horne has resigned and swore in the new board members Caitlin Fair, Ruth Jackson, and Carmen Rodriguez. 23-Z-1289P 1289 Princeton Ave Block: 9407 Lot: 1 Business B Zone An appeal by Attorney Jeffrey Hall of Counsel, 101 Grovers Mill Road Suite 200 Lawrenceville New Jersey 085648 on behalf of “Friends of Paul Robeson Charter School, Inc.” a New Jersey Non-Profit Corporation P.O. Box 7021 Ewing New Jersey 08628, is seeking to construct a three-story charter school building with associated site improvements on the subject property located at 1289 Princeton Avenue, in the Township of Ewing and the City of Trenton in Mercer County. The property is also known as lot 13 in block 16 (Ewing Township) and lot 1 in block 9407 (Trenton City). Lot 13 is located within the Stout Avenue Neighborhood District, under the Olden Avenue Redevelopment Plan in Ewing Township and lot 1 is situated in the Business B (BB) zone in the city of Trenton. The Paul Robeson Charter School is currently located at the corner of North Olden Avenue and Indiana Avenue in the City of Trenton around 1⁄4 mile east of the subject property. The school is seeking to expand its facilities to serve an additional 675 students and 75 staff in a new Kindergarten through 8th grade school building. The current charter school property has no outdoor open space for students to utilize during school hours. The Applicant indicated that they were requesting an adjournment until next month The following vote was set forth: Carry 23-Z-1289P 1289 Princeton Ave to April 19, 2023 at 7PM on this platform Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Caitlin Fair X Carol Graff X Fred Costanzo X X Ruth Jackson X Carmen Rodriguez X Brenda Turner X 22-Z-278WA 278 Walnut Avenue BL: 26402 L: 29 Residential “B” Zone Appeal by Applicant/Owner Diego Barros 1216 Hamilton Avenue Trenton New Jersey 08629 proposes to construct a rear attached storage shed (11’4” x 20’) to the existing three family dwelling structure and to close in the front porch. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100 rear, side, and lot coverage). **The Board could not proceed because notice was not adequately served as the date of the meeting was not identified on the notice, and they notice was not done 10 days prior to the meeting. 22-Z-530LA 530-532-536-552 BEF-552 Lalor Street BL: 18304 L: 1 thru 7 Residential B Zone Appeal by Applicant/Owner Maymay Properties LLC. 536 Lalor Street Trenton New Jersey 08618, The Applicant proposes to change the use of the existing building (former warehouse) to a retail use and to provide additional off- street parking. The site is comprised of three existing buildings: residential, warehouse and a bar/restaurant. Additional parking, improved access, sidewalk, and landscaping are proposed for the retail lots. A new dumpster and concrete pad are proposed for the existing restaurant. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements 315-99 thru 100 Parking if applicable 315-96 Permitted Uses in the Residential “B” Zone and Parking if applicable under Chapter 315-100. Adjournment was requested by the Applicant’s attorney. Thus, the following vote was set forth. Carry 22-Z-530LA 530-532-536-552 BEF-552 Lalor Street to April 19, 2023 at 7PM on this platform Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Caitlin Fair X Carol Graff X X Fred Costanzo X Ruth Jackson X Carmen Rodriguez X  Brenda Turner X 23-Z-379HA 379 Hamilton Avenue BL: 15201 L: 36 Residential “B” Zone Greenwood/Hamilton Historic District Appeal by Project Manager Lencio Vazquez of JAG Resources on behalf of Applicant Brendy DeLeon & Henry Rodelmiro 812 4TH Avenue Robbinsville New Jersey 08691 for the property owned by TM Group NJ, LLC. To change a previous first floor office space into a multi-Services Provider with no change to the existing residential floors above. The existing sign’s location, shape, and size to remain with different lettering. Requesting exception to Chapter 315- 96 Use with (315-99 thru 100 Parking) if applicable and Chapter 315-205 Signs in a Residential Area. Mr. McGill swore in Brendy DeLeon, Henry Rodelmiro, and Mr. Leoncio Vazquez. Mr. Leoncio described the interior changes anticipated, including where the entrances and egresses would be, and that the exterior changes would be limited to the signage. The Landmarks Committee has approved the signage, which will have gilded lettering for the business name Kairos. He indicated that customers will be predominantly walking from the neighborhood. The boarded-up window will have the boards removed so it can remain a window. There will be a maximum of 2- 3 employees behind the counter when the business is in operation. He described that this will be a multi-service business that offers more than what other multi-service businesses in the area do not offer, such as bill payment. Mr. Vazquez noted that this business is compliant with the expectations of the Trenton250 Master Plan. Mr. Kolber described that the Zoning Ordinance has not been updated with the update of the Trenton250 Master Plan. He described how this project is a good use for the building and that the City does support this application. He noted that the staff notes made a comment that the Applicant should not object to complying with the Shade Tree Commission recommendations when they come by the site. The hours of operation will be 9 am-7 pm Monday through Sunday. Ms. McClendon asked for public input. With no answer from the gallery the following vote was set forth: Approve 23-Z-379HA 379 Hamilton Avenue with the stipulation that the Applicant complies with the Shade Tree Commission’s recommendation. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Caitlin Fair X Carol Graff X Fred Costanzo X Ruth Jackson X Carmen Rodriguez X X Brenda Turner X 23-Z-220HA 220 Hamilton Avenue BL: 13703 L: 14 Residential “B” Zone Greenwood Hamilton Historic District Appeal by Applicant/Owner Oscar Cruz 56 Artic Parkway Ewing New Jersey 08638 to convert a single-family dwelling unit into a two-residential dwelling unit. The first-floor apartment Unit # 1 has 933 sq. ft of habitable space while the second and third-floor unit (Unit #2) has a total of 1,026 sq. ft of habitable space. Requesting exception to Chapter Mr. Oscar Cruz and Mr. Anthony Chianese were sworn in. Mr. Chianese described the current conditions of the existing building and what the planned changes will be. He noted that one entrance will be in the front and the other unit will have its primary entrance in the back. He described the layout of each unit's rooms and named the number of bedrooms that are planned. He noted that the 3rd floor is a study and not a bedroom. Mr. Ray Bucchi, City of Trenton’s Zoning Officer, was sworn in and explained that the confusion in the plans was a change between the original plans and the current plans. The original plans had a non-conforming use with 3-units. Currently, it’s 2 units. He indicated that there exists an Ordinance that says if the units are vacated for 18 months, then it’s considered an abandoned use. Mr. Chianese clarified the dimensions of each bedroom on the current plans provided to the Board had the incorrect dimensions noted for one bedroom that appears on the plans to be significantly larger than the adjacent bedroom. The plans will be amended and resubmitted. He will also provide the egress from the bedroom on the updated plans as well. This was originally a two-family building. Mr. Kolber testified that this project maintains consistency with the other properties on the street and that this project meets the objectives of the Trenton250 Master Plan. He asked if there were security measures for this property and if there is any gate that the Board wants for the walkway it would have to go before Landmarks. Mr. Chianese indicated that there is a pre- existing gate that is there that needs to be replaced to make it functional. The Board noted that lighting in the alleyway would be important. Mr. Chianese noted that he could see two locations to place lighting. If it is a condition of approval then the Applicant would need to pursue any Landmarks Commission approval on his own. Ms. McClendon asked for public input. With no answer from the gallery, the following vote was set forth: Approve 23-Z-220HA 220 Hamilton Avenue with the stipulations that the Applicant revise the drawings and submit them to the City and pursue Landmarks Commission approval where necessary. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Caitlin Fair X Carol Graff X Fred Costanzo X X Ruth Jackson X Carmen Rodriguez X Brenda Turner X 22-Z-849WS 849 W State Street BL: 31802 L: 10 & 11 Residential “B-1” Zone Berkeley Square Historic District Appeal by Applicant Joseph Moore, Managing Partner of Alliance Group 7 LLC of 1010 Philadelphia Avenue Egg Harbor City New Jersey 08215 on behalf of the Owner Sunlight Holdings Inc. (Arun Goyal, 7 Freeman Lane Bridgewater New Jersey, 08807), use the existing space on the second and third floor of the existing structure to be operated for the sole purpose of housing Veterans or State Disabled under the Department of Disabilities. The applicant requires the following Use (315-86) with relief from any Bulk or Parking variances (315-89 and 315-90 respectfully) to the property otherwise known as 849 W State Street which is located in the RB1 Zone. Mr. Joseph T. Moore and Mr. Andrew Schaefer were sworn in and Mr. Jack Flacter, the Attorney, described the project. He detailed the statutes that make this project inherently beneficial. He described how the housing will be supported to help any veterans who are living there to not be a detriment to the neighborhood, should anyone be concerned about loitering or disruptive activity. Mr. Moore described the existing use and the area that it exists in. He noted that there are former mansions in the area that were converted single-family homes. There is a proposal for 6 veterans to reside there with a full-time live-in aide, who will transport them to other activities and support their success in this residence. He described that this is considered an inherently beneficial use because it was a universal beneficial use as it balances the public interest and he reviewed the Supreme Court decision that supports this position. The Board recommended that the Applicant should be in touch with the State Commander for Disabled Veterans. The veterans that will be considered for this housing may have both physical and mental impairments resulting from PTSD and physical injuries. There will not be drinking nor smoking allowed in the house. There will be a 10pm curfew and an expectation of employment. Many have a job but are houseless. Those living there will have a 1-year contract with the option to remain permanently. The lease will be with the homeowner. There will be 3 residents on the 2nd floor and three on the 3rd floor. There will be a total of four bedrooms, so some rooms are shared. There will be one kitchen and four bathrooms. There will be communal meals with the option for each to cook if they so choose. The Carriage House will not be put to use. Job training will be offered. Training in construction will also be offered with on-the-job training available on an upcoming construction project. Computer training will also be offered for those who are interested. Ms. LaShauanda Carter, CEO of Sanctuary Foundation, was sworn in and testified that there is a need for programs that the Applicant is proposing. She noted that the Mercer County office is currently supporting 17 houseless veterans. She noted that she worked on the Point In Time Count, and it was found that the number of houseless veterans has doubled between the last two counts. She described her funding streams and her familiarity with the State personnel serving disabled veterans. Ms. Carter described her services as providing long-term support. Mr. Kolber indicated that the City recommended the denial of this project. In referencing the MLUL for a Community Residence Statute 56.2, the City does not see how this project meets the standard for the definition, especially given that there are no licensing or State requirements provided. There is no testimony or affiliation to State regulation for this to be Affordable Housing. There were several notices that were provided to the City from other counties that stated that the State and County agencies do not support this project. The City is also concerned that the job training described is inconsistent with generally accepted program standards. There is no parking on-site, and instead, the Applicant is offering van transportation which is a concern given that testimony indicated that there will be 6 able-bodied people who are not close to amenities and public transportation to get to the places that they need to go. The City does not believe that the location of this project will not provide the means for these veterans to have access to the services and amenities that those veterans would need to have a meaningful and quality life, and as such, it does not demonstrate an inherently beneficial use. Ms. McClendon asked if there was anyone from the public who wished to speak for or against this application. Mr. Buckely, a Trenton resident, was sworn in and said that he supports veterans 100%. He indicated that the previous residents who have lived there with mental health concerns were not properly supported, and there were resulting problems. Additionally, there were changes to the property that were not inspected and he was concerned about the credentials, programming plans, and business concept of this project. Ms. Jane Rosenbaum, a Resident of the neighborhood for 45 years, was sworn in and noted that this is not consistent with the Trenton250 Master Plan. As described, it appears to be a rooming house with potentially rotating residents. She indicated that there is no budget, funding source, or relevant expertise to run the house. She noted that there would need 4 staff to oversee people for 24 hours, and that was not provided in the testimony. She stated that the use is inappropriate. Ms. Carol Rogers, a Trenton Resident, was sworn in and testified that the Applicant represented to the neighborhood that he would live at the property and run his business, which is not what this project now asserts. She noted that the Applicant has previously run a rooming house for people with developmental disabilities, and it was poorly run, and the residents had to move. Ms. Rogers stated that she currently Chairs the Landmarks Commission, and there has been difficulty with the ADA accessibility for the building given the historic designation that has been in place since 1979. Although Landmarks has been willing to work with Mr. Carter, the previous attempts to adapt this building have not been successful. She also noted that there is no drug treatment at the Hyacinth West State Street property they referenced in their testimony. She also indicated that there are rooming houses in the neighborhood, but the direction the home purchases are going for this neighborhood, this project would not be consistent with what is happening in this part of the City and is outlined in the Trenton250. She asked that the Board adhere to the Zoning that is in place for this part of the City, which took 20 years to assemble. Mr. Thomas Christopher Farrow, a Resident in this neighborhood, was sworn in and stated that there is a consistent issue with trash accumulating around the property. He noted that the Carriage House is currently rented to a young woman, so it is in use. He stated that he is concerned about bringing in his elderly mother to live with him in his newly purchased single- family home in this neighborhood. He said that he is concerned with the safety of those living on the upper floors of this house as there is not a substantial fire escape on the building like there is on his home. There appears to be a small ladder on the proposed site where his home, which did have business use at one time, has a full fire escape. He noted that there is not a complete sidewalk around the corner. He noted that he uses a wheelchair sometimes and this area is difficult to navigate because of the missing and damaged sidewalk in front of this home. He also noted that he can see from his window that the backyard is a parking lot from the tenants that are currently renting the Carriage House. Mr. McGill provided the Board an opinion that this does not appear to be a listed inherently beneficial use and provided the Board with clarification on what they are charged to do and how to weigh the testimony provided in order to make its determination if this project is an inherently beneficial use and therefore can either approve or deny the application. Ms. McClendon asked if there was anyone else who wished to speak for or against this project. With no answer from the gallery the following vote was set forth: Approve 22-Z-849WS 849 W State Street Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Caitlin Fair X Carol Graff X Fred Costanzo X X Ruth Jackson X Carmen Rodriguez X Brenda Turner X Mr. Kolber shared with the Board Members how to get training and have the City pay for the cost. Mr. McGill recommended that no new Board Member should wait to get the training even though there is an 18-month allowance. Mr. Kolber also encouraged the Board to review the DRAFT of the updating of the Land Use Ordinance and submit its comments. That DRAFT can be found at www.Trenton250LDOUpdate.com . Meeting Adjourn 10:06PM Respectfully submitted by Cherry Oakley, Zoning Board Secretary