Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, April 19, 2023 Via Microsoft Teams Members in Attendance: Trina McClendon, Chair Fred Costanzo, Vice Chair Caitlin Fair Carol Graff Ruth Jackson Shaheed Morris Michael Raab Members Not in Attendance: Carmen Rodriguez Brenda Turner Public Hearing Ms. McClendon opened the hearing at 7:05pm. Mr. McGill read the Open Public Meetings Act statement and a quorum was verified. Mr. McGill swore in Mr. Morris to fill Ms. Jennifer Williams’ term, which will end June 30, 2026. The following votes were set forth: Elect Ms. Trina McClendon for Chairperson of the Zoning Board Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X Fred Costanzo X X Carol Graff X Ruth Jackson X Shaheed Morris X Michael Raab X X Elect Fred Costanzo for Vice Chairperson of the Zoning Board Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X Fred Costanzo X Carol Graff X X Ruth Jackson X Shaheed Morris X Michael Raab X X Memorialize Resolution 2023-4 for 379 Hamilton Ave Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X X Ruth Jackson X Shaheed Morris X Michael Raab X Memorialize Resolution 2023-5 for 220 Hamilton Ave Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X X Ruth Jackson X Shaheed Morris X Michael Raab X CARRIED 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 BB Zone conditionally permits schools under Chapter 315-119. Relief is requested from “Bulk Requirements” Minimum Lot Coverage, Front Yard Setback, and Fencing in front yard, Chapter 315-189 “Loading Spaces and a Design Wavier for no street trees on Prichard Street, 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. Mr. McGill read the Exhibit List of conceptual renderings of Princeton Ave and Prichard St.into the record: • A2-A floor plan at the ground level • A2-B floor plan level 2 • A2-C the roof plan • A2-D elevations • A2-E Elevations • A2-F Building signage and lettering • A3 Aerial • A4 Rendered Site Plan Mr. Hall described the proposed project that will be a charter school by the Friends of Paul Robeson. He noted that there would be a variance for lot coverage of 75.3%, where 60% is the maximum under the ordinance. He noted that the environmental remediation has been almost completed. The Applicant has already received approval from the Mercer County Planning Board and the Ewing Planning Board. They are seeking a conditional use variance as they do not meet 100% of the permitted uses outlined in the ordinance. The setback is only 10.5’ where 20’ is required. Relief from the loading space design and the fencing are both needed as well. The Mercer County Planning Board required a redesign of the frontage, so the plans submitted tonight are the revised plans as directed by the County Planning Board. There will be 30 classrooms, a gymnasium, a nurse’s office, designated parking, an outdoor and recreational greenspace, and a pick-up and drop-off area. The Applicant has asked that Prichard St. be made into a one-way street for safety. Mr. Paul Avazier was sworn in and presented his credentials, and was accepted as an expert in architecture before this Board. He provided the background on the school and how the current property was selected. Grades 4-8 are currently served and the school has received an expansion to their charter to include grades K-2. There will be a staggered dismissal. He described the building as having 3 floors and how it will be setback and situated on Princeton Avenue. Referencing Exhibits A1 through A2-A through F to detail entrances and exits and the location of each room and corridor. A likeness of Paul Robeson would be on metal and part of the signage on the building. The school sign lettering will be 9ft 8” wide and 11ft high. The Robeson image will be 18ft. in height and 14ft wide. Neither will be backlit. He noted that the school would be built in one phase instead of the stated two phases. There are so many doors because of fire code requirements, the gym has exit doors based on the occupancy requirements of that space, and the other doors are specific to loading and delivery needs. The school has been working on its security and lockdown requirements. Mr. Avazier described which doors will have windows in them and what those windows will look out onto. Video surveillance and electronic door access will be managed by an expert in security once the school opens. A majority of those doors cannot be opened from the outside. Mr. James Zembur was sworn in and presented his credentials, and was accepted as an expert before this Board in the area of Engineering. Referencing Exhibits A3 & A4 he described the site location and the site improvements. A 13ft. dedication was required by Mercer County and substantial landscaping on the site and along the streetscapes. There will be a total of 48 canopy trees. Full LED lights will be mounted that will provide primarily downward-focused light. Ewing will provide sewer management, and water will come from Trenton Water Works. The local utility companies will provide electricity. Trash pick-up will occur early in the morning, around 7 am. There will be an underground basin provided under the parking lot to address stormwater management. Electric Vehicle spaces will also be provided. Submissions have been made to the Delaware Raritan Canal Commission and the local Soil Conservation Commission to address comments from the Board’s professionals. Bicycle parking racks will be added to the building. Mr. Zembur reviewed the comments and described how the Applicant plans to comply with each comment. The Ewing Township Fire Department will be the one responding to fire-related calls. Mr. Zembur described the fire truck turning radius plan design. ELSA is getting the sewer flow because there is no viable connection to the Trenton sewer utility. Conversations with NJ DEP agree with this plan because most of the building lies in Ewing. Mr. Zembur and Mr. Avazier described the planned energy efficiency measures as well as the ADA-compliant accessibility designed into the plans, including how the doorways will be 36” or wider and an elevator controlled by the same electronic security that the doors will be controlled. There will be a 6ft. high fence provided to enclose the entire sports/recreation area. A ramp landing will be provided on North Willow at the crosswalk, and should the existing ramp be non-compliant, the Applicant will bring it up to code. Additionally, all sidewalks will be restored. There will be a depressed curb along the driveway. On Princeton Avenue the milling and paving will be determined by consulting with the County as they have jurisdiction of this roadway. On Prichard St. if there is any disturbance to that street they will mill and pave it. The Applicant indicated that they would consider improving the whole street. Milling and overlay are planned for all areas where curbs will be modified. The planned opening for this school would be in September of 2024. The intended occupancy is 675 students and 75 faculty for a total of 750 people. The basketball court will be an asphalt surface and the words ‘junior basketball court’ is a reference to the size of the court. Mr. Michael Kolber, City Planner, as well as Mr. John Jahr and Mr. Drew Pavlik, P.E., the Board’s professionals, were sworn in. Mr. John Corak was sworn in and presented his credentials. He was accepted as an expert in traffic engineering. He described the scope of his work. He indicated that approximately 50% of the students will arrive by personal transportation and will use the pickup/drop-off area. At peak 5 buses will service the charter school and use the bus pickup/drop-off area. He described the circulation of traffic and the patterns of entering and exiting the property. The roadway will continue to operate with existing conditions. They do not anticipate a significant impact on the roadway network. The pedestrian striping will be updated with continental-style crosswalks as per the Complete Streets Handbook. 75 parking spaces are provided, where 68 are required. The school has proactively reached out to the neighboring properties to work out parking accommodations for when the parking supply onsite needs to accommodate the overflow. Mr. Corak recommended that Prichard Street be milled and overlaid in its entirety, as the street is in significant disrepair. He also noted that the traffic studies they completed did take into consideration the traffic that existed from the surrounding schools, including the MLK school, and it is not anticipated to have this school’s dismissal negatively impact the traffic in the area. The Applicant is willing to improve the intersection for Prichard and Willow as well. As part of the conditions for improvement, the Applicant agrees that they will provide an updated striping plan that will be reviewed by the Board’s professionals before approval and use. Ms. Elizabeth McManus was sworn in and presented her credentials and was accepted as an expert in the area of Planning before this Board. She described the opportunity for improvement that this project brings to this area and the planned improvements are consistent with the character of the other buildings and conditions in the area. She detailed the portion of the bulk requirements that the project does not meet and what benefits are provided by not meeting those portions of the bulk requirements. She noted that the setback and impervious coverage, as previously stated, are some of those conditions. The overall impervious coverage for the total project is closer to Trenton’s standard of 60%, but the portion of the building that will be on the Trenton side is actually 75.3%. Additionally, the number of street trees on Prichard Street is not met, and landscaping has been provided along the recreational area instead. Because of the narrow area and it not being used as a typical street, this is a small area that does not accommodate street trees, practically speaking. A variance for the black vinyl chain link fence with black netting behind it, is also sought in order to provide safety benefits for the children using the recreation area. The loading area also requires a variance because it will not be a designated loading space. It would add to the visual appeal of the property. Both of these variances could be C2 Variance. The art an signage size also require relief, and she believes that the Board can grant this variance as it will add to the aesthetic of the building. Ms. McManus indicated that this project is consistent with the City’s Master Plan. The Applicant will comply with the comments on the landscape architect's comments for the portion that is in Trenton. There is no objection to the ‘Do Not Block The Box’ messaging in the intersection. The Applicant will work with Ewing and Trenton on bicycle parking plans and exterior colors and textures. The Applicant also indicated that they comply with the new State law for stormwater management. Ms. McClendon asked if there was anyone from the Public who wanted to speak for or against this project. With no answer from the public, the following vote was set forth: Approve Variance from the bulk standards from the lot coverage and setback relief from the D3 Standards Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X X Ruth Jackson X Shaheed Morris X Michael Raab X Approve Variance relief for the size of the sign and size of the portrait Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X X Ruth Jackson X Shaheed Morris X Michael Raab X Approve Variance to construct the site with no loading zone Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X X Ruth Jackson X Shaheed Morris X  Michael Raab X Approve Variance for the 6 ft. fence height Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X X Ruth Jackson X Shaheed Morris X Michael Raab X 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: a 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 Adjourn 22-Z-530LA 530-532-536-552 BEF-552 Lalor Street to May 17th at 7pm on this platform, the applicant waived the time requirements for the Board to act on this matter, no new notice will be required. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X Ruth Jackson X Shaheed Morris X Michael Raab X X NEW 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). Case dismissed without prejudice  Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X X Carol Graff X Ruth Jackson X Shaheed Morris X Michael Raab X 23-Z-200MO 200 Mott Street BL: 15302 L: 21 Residential “B” Zone Application by Project Manager Leoncio Vazquez of JAG Resources on behalf of Applicant Vanessa Torres on behalf of Owner Juan Canahuate/Vanessa Torres of 49 Browning Avenue Ewing New Jersey 08638 to introduce “facial massage services” a Business Use to the existing office commercial space which is also a Business Use. The existing footprint of the first-floor commercial space (1,200 square feet) will be utilized with no change to the existing second floor residential units (two apartments). Appeal will include a sign variance (315-97G-Signs in a Residential B Zone) with the removal of the existing sign (old blue awning) while installation of a 3D Dimensional Channel Letter Façade Sign. Applicants are requesting a waiver of Site Plan Review citing that the use will remain a Business Use with no exterior changes except for signage (315-60). Requesting exception to Chapter 315-96 Use with Parking if applicable. Ms. Vanessa Torres, Mr. Juan Cruz, and Mr. Leoncio Vazquez were sworn in. Mr. Vazquez described the project for which they were seeking a Use Variance, a variance for the sign, and a waiver of the Site Plan. He described the side entrance to the residential unit on the 2nd floor. This building used to be an office space for charities. The purchase was completed in December. Ms. Torres testified that she is a licensed aesthetician. She described the services that will be provided in the building. After the business grows, she hopes to hire additional practitioners. The hours of operation will be 10am to 6pm. Weekends 12pm-4pm and closed on Sundays. There is no proposal for new lighting except for the lit sign out front. There is an existing alarm system for security and fire that is monitored by a security company. There is an additional camera installed where the parking spot is located. The front and the back staircases are separate. The Applicant shall not object if the Shade Tree Commission would like to plant a shade tree, and the lighting should not exceed the standard 300 degrees kelvin. Mr. Ray Bucchi, the City’s Zoning Officer, was sworn in he noted that under construction codes, it was a business use, and there was no change of use nor is the building footprint changing thus, no Site Plan is needed. Mr. Kolber read into the record the code 315-60 that he interpreted indicates that a Site Plan Waiver is required with any Change of Use, which is why they are requesting the waiver. Mr. McGill concurred with this interpretation. Ms.McClendon asked for public comment. With no answer from the gallery the following vote was set forth: Approval of 23-Z-200MO 200 Mott Street Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X Ruth Jackson X Shaheed Morris X Michael Raab X X Caitlin Fair X Waive of Site Plan for 23-Z-200MO 200 Mott Street Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X Ruth Jackson X Shaheed Morris X Michael Raab X X Caitlin Fair X Mr. Kolber reminded the Board to submit by May 15, 2023 their financial disclosures that were distributed to them by the City’s Clerk. He indicated that if anyone had any questions to please contact him. Meeting adjourned 10:51pm Respectfully submitted by Cherry Oakley, Zoning Board Secretary