Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, June 21, 2023 Via Microsoft Teams Members in Attendance: Trina McClendon, Chair Caitlin Fair Carol Graff Ruth Jackson Michael Raab Carmen Rodriguez Brenda Turner Members Not in Attendance: Fred Costanzo Shaheed Morris Public Hearing Ms. McClendon opened the hearing at seven 7:10pm. Mr. McGill read the Open Public Meetings Act statement and a quorum was verified. Memorialize Resolution 2023-7 For Vanessa Torres for the Use Variance for 200 Mott St. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Carol Graff X Ruth Jackson X Michael Raab X Carmen Rodriguez X Brenda Turner X X  CARRIED 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 The Applicant explained that there was a conflict with the Planner and the attorney is having trouble logging onto the hearing. Thus, the following vote was set forth: Adjourn for 22-Z-539-532-536-552 BEF for 552 Lalor Street until July 19, 2023 at 7pm on this platform Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Carol Graff X X Ruth Jackson X Michael Raab X Carmen Rodriguez X Brenda Turner X 23-Z-221EH 221 E Hanover Street Bl:605 Lot: 15 Business “A” Zone Canal Banks Redevelopment Area & Hanover-Academy Historic District Appeal by Attorney Adam J. Faiella, Esq Sills Cummis & Gross P.C. The Legal Center, One Riverfront Plaza Newark, New Jersey 07102 on behalf of the Owner and Applicant East Hanover LLC for Preliminary and Final Major Site Plan approval, a density variance, & bulk variances and a restoration permit (also referred to as a demolition permit or a certificate of appropriateness) to demolish the existing residential building and construct the proposed six-story, twenty-three (23) unit residential apartment building, Requesting exception to Chapter315-109 Bulk Requirements, Parking Chapter 315-110 (Under the Redevelopment Plan Section D.3.a.), and Chapter 315-212B. (1) Open Space Wavier The Attorney requested an adjournment until after the Landmarks Commission can review the matter. Thus, the following vote was set forth: Adjourn 23-Z-221EH East Hanover Street until July 19, 2023 at 7pm on this platform Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Carol Graff X Ruth Jackson X Michael Raab X X Carmen Rodriguez X  Brenda Turner X 23-Z-40CUY 40 Cuyler Avenue BL: 26706 L: 9 Residential “B” Zone Appeal by Attorney Jason R Tuvel Esq of Prime & Tuvel Attorneys at Law 1 University Plaza Drive Suite 500, Hackensack, NJ 07601 on behalf of the Owner and Applicant 40 Cuyler LLC to convert the vacant school building into a multi-family residential building. The applicant has elected to bifurcate the application and obtain “D” and “C” variance approval first in lieu of submitting a unitary application for preliminary and final major site plan approval. Requesting exception to Chapter 315-96 (Permitted Use in Residential B Zone) any/all Bulk Requirements (315-99 thru 100 Parking) if applicable. Mr. Aaron Chan, Mr. Ryan McDermott, and Mr. Matthew Flynn were sworn in. Mr. Benjamin Wine introduced the project and what is being proposed. He noted that this is a unique application and a unique project. He indicated that he is seeking variance relief and will return for Site Plan approval. He indicated that he is under contract to purchase the property from the City and has been trying to do so for a number of months and has not been able to so he is advising them to proceed with variance relief and if granted the return is just for technical reasons. They are looking for a D1 Use Variance as multi-family living is not allowed in this RB Zone. They are seeking to convert this school into a multi-family residential unit. Mr. Chan presented his credentials and was accepted as an expert in the field of Engineering before this Board. Referencing the aerial photos (Exhibit A1, A2, & A3), which were views from the North, South, and East, respectively, he noted that this property has been vacant for 4 decades. He described the current conditions the building and that the lot is fully paved. He used his mouse to show the driveways and access to the property. Referencing the Site Plan prepared by Stonefield Engineering (Exhibit A4) he detailed the building footprint and its distance from the boundaries of the property. The 4.5 story will be modified to add a full 5th story. There will be ADA accommodations in the parking and upgrades added to the interior of the building to make that accessible as well. He described the land use code for urban spaces from the Institute for Transportation Engineers and how they developed the parking space plan to be consistent with that. They are proposing a reduction of impervious coverage from 98% to 76.4% to help with the run-off and charge into the green spaces. Mr. McDermott presented his credentials and was accepted as an expert in Architecture before this Board. He reviewed the Coversheet for the Site Plan (Exhibit A5), Lower Level Floor Plan (Exhibit A6). He also described the planned alterations, the circulation, and egress access along with the layouts of the rooms in the units referencing Sheet Demo 101 (Exhibit A7), Sheet D102 (Exhibit A8) showing levels 2-4, and Sheet D100 (Exhibit A9). Sheet A-102 (Exhibit A11) levels 2-4 above the lower level, which translates to floors 3-5. Sheet A-400 (Exhibit A12) Proposed Elevation he described the façade details and how it will be extended to the 5th floor. Sheet A-401 (Exhibit A13) more Proposed Elevations that detail the elevator and the external access. Mr. Flynn presented his credentials and was accepted as an expert in the area of Planning before this Board. Referencing Exhibit A1, A2, and A3 he described the benefits of improving this property. Refencing a Zoning Map of the Area (Exhibit A14) He showed the small pockets within the RB Zone of dwelling units to demonstrate this project. He listed the comparison of each proposed change against the Zoning standard. He listed the positive impact criteria that this project meets and why the Board should support this Application. He described how they were going to handle security in the building and that they are not increasing the height of the building. Mr. Wine noted that this is an effort to restore and not just transform. He reviewed the history of the transfer of the building from the school district to the City and he summarized the justifications and benefits of the project. Mr. McGill clarified the D variances required: D1 for the Use D6 for the requirement under the MLUL. Ms. McClendon asked if there was anyone from the Public who wished to speak for or against this project. With no answer from the Public the following votes were set forth: Approve the D1 Use Variance Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Carol Graff X Ruth Jackson X X Michael Raab X Carmen Rodriguez X Brenda Turner X Caitlin Fair X Approve the D6 Height Variance Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Carol Graff X X Ruth Jackson X Michael Raab X Carmen Rodriguez X Brenda Turner X Caitlin Fair X Approve the C Variance for parking stalls, impervious coverage, 5 stories, compact spaces, the drive aisle, and parking stall width Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Carol Graff X X Ruth Jackson X Michael Raab X Carmen Rodriguez X Brenda Turner X Caitlin Fair X NEW 22-Z-657OH 657 Ohio Avenue BL: 24403 L: 3 Residential “B” Zone Application by Project Manager Lencio Vazquez of JAG Resources on behalf of Owner/Applicant Juan Cruz Canahute and Vanessa Torres of 49 Browning Avenue Ewing New Jersey 08638 to convert a garage on the above lot which currently is used for storage, into a residential structure. Requesting exception to Chapter 315-99-100 Bulk Requirements for Minimum Lot Area (square footage) for a Detached Unit (4,000 needed where 2,500 provided), Minimum Lot Width (40 feet is needed 25 provided). Minimum Side Yard (One-6 feet Both totaling 14 needed-while One-0 with a total of 9 feet provided) Minimum Net Habitable Floor Area (1,200 needed 400 sq ft provided) Parking under Chapter 315-100(187). Vanessa Torres, Juan Caanhute, and Leoncio Vazquez were sworn in. Mr. Vazquez introduced the application and described the lot and its current condition. He indicated that the plan is to make it a habitable studio with a 9x6 bedroom. He noted there may be a need to bump out a wall to accommodate a larger bed. He described where the water source would be moved. He stated there is no access to the alley, and the parking pad fits one vehicle. Because it’s a freestanding structure, it’s considered a house. Mr. Michael Kolber, Senior Planner for the City, was sworn in and indicated that in this District, the net habitable area is 1,200 sf. In other Districts, the minimum habitable space is smaller. This is an already existing building and is permitted use in the area. It is not a Use variance because the Use is a permitted use. He indicated that it is an undersized lot, and the question is, can the dimensions of the building be used for habitation. Mr. McGill indicated that because the history of the property is unknown, he is unable to make a legal determination on what would be required. Everything about it is pre-existing. He recommends that the matter be adjourned, research the history, and then determine what relief is needed. He indicated that what is being requested, he does not believe is required at this time. Mr. Bucchi reviewed with the Board the square footage required under housing standards. Ms. McClendon asked for public comment. With no response from the gallery the following vote was set forth: Adjourn 22-Z-657OH to August 16th at 7pm on this platform with approval by the Applicant to waive the time that Board has to act on this matter. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Carol Graff X Ruth Jackson X Michael Raab X X Carmen Rodriguez X Brenda Turner X Caitlin Fair X 22-Z-1109S 1109-1111 W State Street BL: 32301 L: 5 Residential “B” Zone An appeal by Attorney Gregory G. Johnson, Esq. 282 Glenn Avenue, Lawrenceville New Jersey 08648 on behalf of Owner/Applicant Antonio Figueroa 1063 Plymouth Drive Rahway New Jersey 07065 and Project Manager Lencio Vazquez of JAG Resources to convert a vacated non-conforming two family detached-dwelling unit into three units. The introduction of the third unit will not cause any expansion of the existing footprints. Requesting exception to 315- 96 Use, 315-99 thru 100; Minimum Square Footage of Habitable Space Unit #1 1,580 sq ft with 4 bedrooms, Unit #2 910 sq ft with three bedrooms and Unit #3 727 sq ft with two bedrooms and Parking Existing 4 spaces while 5 are needed. Mr. Gregory Johnson described the project. Mr. Leoncio Vazquez and Mr. Antonio Figueroa were sworn in. Mr. Vazquez indicated that this property was slated for demo, but after inspection and a consult from a structural engineer, he was able to determine that it was not necessary to demo it as it was habitable and convinced the City to not demo the building. They are asking for a waiver of the Site Plan. The property is looking to be restored. He described the units and how they were color-coded on the plans sent to the Board prior to the hearing. He reviewed the Plans SK2 (Exhibit A1) and the Survey SK1 is (Exhibit A2). Mr. Raab indicated that he lives within 1500 feet of this property. He asked for other examples Mr. Michael Kolber indicated that he believes that there is not use for the Site Plan. The property has been vacant and distressed for over 3 years. Ms. McClendon asked if there was anyone from the Public who wished to speak for or against this project. With no answer from the Public the following vote was set forth: Approve the project and waive the Site Plan Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Carol Graff X Ruth Jackson X Michael Raab X Carmen Rodriguez X Brenda Turner X Caitlin Fair X X 22-Z-726CA 726 Calhoun Street BL: 6810 L: 10 Residential “B-2” Zone Humboldt-Sweets Redevelopment Area Application by Project Manager Lencio Vazquez of JAG Resources on behalf of Applicant Sencee Blamco, 28 Assunpink Avenue Hamilton Avenue Hamilton Twp New Jersey 08619 authorized on behalf of Owner Mitra Rameo to convert a vacant non-conforming structure (formally a “dry cleaner”) into a non-cooking Banquet Hall/Entertainment Event Center with signage. Interior fit-out for 80 seats, stage, and dance floor. Requesting exception to Chapter 315- 91 Permitted Use in a Residential B-2 Zone, Chapter 315-187 Parking (30 Spaces required while 15 are provided) 315-95 General requirements Signage (refer to 315-191: 205 Signs in Residential Districts). Under 315-94 there will be no expansion of the existing footprints or any existing bulk requirements. Mr. Leoncio Vazquez and Mr. Sencee Blamco were sworn in. Mr. Leonicio described who he has been in touch with, including the NJ Dept of Environmental Protection, around remediation to verify that there will not be a hazardous impact on people if it is used as a banquet hall. It will have 80 seats, a stage, and a dance floor. Food will not be prepared on the premises but there will be warming tables to support external catering. He described the security measures that are planned. Mr. Blamco noted that Trenton does not have a banquet hall and instead has to go to Philadelphia or Bordentown to meet that need. Mr. Vazquez described deliveries would happen on the left side of the building and that Trenton Engineering has detailed where trash would be stored. Mr. Vazquez confirmed that there are 15 parking spaces provided on the lot, where 30 are required. He also noted that there are plans to hire off-duty Trenton police officers to support the security needs of the events that would be held there. Mr. Blamco indicated that if alcohol is served on the premises, the renter must have a 1-day permit from City Hall. Mr. McGill clarified that the approval would be conditioned upon remediation required by the DEP. There was remediation at this site previously of the groundwater from the dry cleaner that operated on this property before this Applicant acquired it, which was confirmed by JR Capasso as per Mr. Leoncio. Mr. Kolber indicated that the Applicant needs to return before this Board for the Site Plan. He noted that his instinct is that the banquet hall can work but is not sure without information on the parking or the ancillary difficulties that might be brought to a neighborhood because of a banquet hall operating. He noted that this site, because of the needed remediation of the groundwater contamination, is going to be difficult to redevelop. Ms. Fair indicated that it is important to recognize the varied populations in the City and that the African demographic within the City is a close-knit community and does not have adequate representation and support for what they need to support their cultural needs and activities that occur within the City. The Board discussed the need for additional information in order to render a decision. Mr. Vazquez described the professionals he might recruit to provide testimony and answer questions that the Board might have. Ms. McClendon asked if the 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: Adjourn 22-Z-726CA for Calhoun Street to the July 19th hearing at 7pm on this platform Member Aye Nay Ab-stain Motioned Seconded Trina McClendon X X Carol Graff X X Ruth Jackson X Michael Raab X Carmen Rodriguez X Brenda Turner X Caitlin Fair X Mr. Kolber indicated that there are new DCA requirements for municipalities to report on the status of the financial disclosures of the Zoning and Planning Board Members every 6 months and has the ability to levy fines if there is non-compliance. Additionally, he noted that they will be checking to see if the training requirement has been met. He suggested that if help is needed for the financial disclosure, the City Clerk will provide assistance for whatever is needed around the financial disclosures. If training is still needed, Mr. Kolber will help the Member get connected. Meeting Adjourn 10:17 pm Respectfully submitted by Cherry Oakley, Zoning Board Secretary