Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, July 19, 2023 Via Microsoft Teams Members in Attendance: Trina McClendon, Chair Fred Costanzo Ruth Jackson Shaheed Morris Michael Raab Brenda Turner Members Not in Attendance: Carol Graff Caitlin Fair Carmen Rodriguez Public Hearing Ms. McClendon opened the hearing at seven 7:05pm. Mr. McGill read the Open Public Meetings Act statement and a quorum was verified The following vote was set forth. Memorialize Resolution 2023-8 For 40 Cuyler LLC Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Ruth Jackson X Shaheed Morris X Michael Raab X X Brenda Turner X Memorialize Resolution for Figueroa LLC Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Ruth Jackson X Shaheed Morris X Michael Raab X X Brenda Turner X Mr. Kolber announced that on Saturday August 5th the City will be hosting its 3rd Bicycle Open House at East Trenton Collaborative. There will be a free ice cream truck and activities for the family and give-a-ways while the City collects feedback on its bicycle plan. CARRIED 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. This Applicant indicated that they will be requesting an adjournment as the Applicant was having technical difficulties, and it is the understanding of this Board that the Applicant is requesting more time to address the remediation on the site. New notice will be required because the hearings are moving back to in-person. Carry 22-Z-726CA 726 Calhoun Street to September 20, 2023 meeting at 7pm in City Hall with notice provided again. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X X Ruth Jackson X Shaheed Morris X Michael Raab X Brenda Turner 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: 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 Mr. Michael Matucheck and Ms. Diane Strauss were sworn in. Mr. Matucheck, the owner of the property, described the location of the buildings for the project and described the parking that will be available on the site. He also detailed what will be provided versus what is required and the location of the dumpster. He described the other businesses that are located in proximity to this project and the planned landscaping and other external improvements. He noted that this property would improve the sidewalk, providing seven parking spots for the retail business, and each tenant would have their own parking spot. Bicycle parking will be provided on-site. Ms. Strauss’ report was marked as Exhibit A1, and the submitted photo of the site was marked as Exhibit A2. There was a discussion about using adjacent lots that are planned to address egress and parking. So the engineers could reconfigure the plans the application needed to be carried. The commercial property plans to host retail. The Applicant consents not to have the retail space be a bar or a restaurant. He noted that he already owns a bar/restaurant in the area. The following vote was set forth: 22-Z-530LA 530-532-536-552 BEF-552 Lalor Street is carried to the September 20, 2023, public hearing at 7 pm in City Hall with notice required. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Ruth Jackson X Shaheed Morris X Michael Raab X 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 Mr. Faiella, Esq, introduced the Application and affirmed that notice was properly served. He noted that the lot size is pre-existing, although less than the minimum allowed, resulting in smaller units than the ordinance allows. Hence, the variances sought. He noted that this application did do a full presentation before the Landmarks Commission but refused to vote on the matter because they wanted clarification on the procedure. He further reviewed the procedural history that this application has gone through. He noted that the Zoning Board is the decision maker on the Restoration Permits, as per the Ordinances. There was the information provided to Landmarks to support their decision-making, but to date, there has been no additional response from that Board. Mr. McGill clarified the Zoning Board’s historical decision-making process around Restoration Permits with or without Landmarks’ input. The permit applied for addresses visual compatibility with the surrounding conditions in the zone. There will need to be a demolition permit to take down a structure in order to reconstruct the structure planned for this area. The Board must look at the compatibility of what is there and the value of the worth of the structure that is coming down and there should be testimony provided to support the work the Board needs to do. Mr. Daniel Brenna, Ms. Dulce Miguel, and Mr. Keenan Hughes were sworn in. Mr. Brenna, Principal of the Application and AJAX Management, described the planned project and the state of the neighborhood and surrounding properties. He described the art and art walk planned to be created around the building and the new landscaped area. He noted that the walkability scores for the area are extremely high. Mr. Brenna described the success of this approach in this area for another building this developer has worked on in proximity to this project. Referencing the Site Aerial, Exhibit A1, and a Rendering of the Site marked as Exhibit A2, Ms. Miguel described the building and the elevated overhang. She indicated that because of the size of the building, no open space can be provided. She noted there are 21 required parking spaces. The bicycle parking required is 10 spaces and will be provided inside of the building. The species of the proposed street tree will be described in the plan. The Applicant plans to comply with the lighting-related comments. The site’s existing drainage pattern will remain. Mr. Sergio Crocia presented his credentials and was accepted as an expert before this Board. He described the compatibility and how it complimented the buildings surrounding it. He noted that the façade is not articulated and adds interest. The windows provide more natural light while being consistent with the double-hung windows in the area. He testified how this is compatible with the other buildings in the area. Mr. Keenan Hughes presented his credentials and was accepted as an expert in Planning before this Board. Even though a D5 variance is being requested, it is an existing condition of the property. This property helps to bring a significant increase in the residential population and helps to create a 24/7 downtown with a high standard of design. He described how this property met the Canal Banks Redevelopment Plan that guides the review this Board is undertaking. He described the 5-foot encroachment into the air rights, the encroachment is into the open space of the park, which is interesting but unusual for an urban landscape. Like the rear yard setback, the side yard is an existing condition. The Redevelopment Plan discourages parking in this area and instead is conducive to walking and biking, so it deviates from the ordinance. He further described which purpose criteria this project meets to make it of benefit to the community in terms of advancing the City’s Master Plan. He noted that there is no substantial adverse impact on the neighborhood. The parking that is available is within 20 feet of the left and 30 feet of the right of this building. The spaces will not be designated for the residents but will be first come, first served. There will be cameras inside and outside of the buildings. The increase in foot traffic from the residents has an ancillary impact of increasing security with more eyes on the street. Mr. Brenna described the planned trash removal. There will not be large mechanical equipment visible on the roof from the ground. There will be no encroachment into the right of way. This Applicant will comply with all the comments in all of the review letters except for the single comment about bonding for a single tree. The Applicant will provide the development fee in lieu of providing Open Space in the amount of $11,500. Ms. McClendon asked if there was nyone from the public who wished to speak for or against this application. With no answer from the gallery, the following vote was set forth: Approval of preliminary and final site plan, Approve D5 for variance density, Rear yard setback, variance for lot coverage, payment in lieu of providing open space, and parking waiver, Habitable space waiver, Approval of a Restoration permit which would include demolition of the existing building and construction of the new building. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Ruth Jackson X Shaheed Morris X Michael Raab X X Brenda Turner X 23-Z-313CA 313 Calhoun Street BL: 2103 L: 1 Residential “B” Zone Central West Redevelopment Area Appeal by Attorney Dwaine Williamson Esq of The Williamson Law Firm, LLC 354 S Broad Street Suite #104, Trenton New Jersey 08608 on behalf of the Owner and Applicant Korah lawrence to convert the vacant and dilapidated existing structure into a three-family residential rental dwelling unit. Requesting exception to Chapter 315- 96, Permitted Use in Residential B Zone with relief from Bulk Requirements regarding Minimum Net Habitable Area per Unit and Parking (315-99 thru 100 Parking), all other conditions are pre-existing. Mr. Dwaine Williamson, Esq, representing the Applicant, introduced the project. Ms. Korah Lawrence aka Ms. Korah Leslie and Mr. Louis Moglino, the Architect, were sworn in. The plan is to convert this abandoned building into a multi-family dwelling unit. The units would be undersized. Ms. Leslie indicated that her goal is to make the property beautiful and safe. She retained Mr. Moglino to help her with that undertaking. Mr. Moglino presented his credentials and was accepted as an expert before this Board. There will not be an increase in height or footprint. Referencing photos of the building marked as Exhibit A-1 and A-2, Mr. Williamson showed the current condition of the building. Ms. Leslie described the storage options for bicycles and mail. There will be dusk to dawn lights that will cycle on and off automatically. Parking will be provided in the front and side of the building on- street. Mr. Kolber was sworn in and was accepted as an expert in Planning. He noted that the first floor will be a studio apartment. The lack of doors on the bathroom was a drafting error. He noted that a lighting plan should be provided and reviewed the standards that are required. Mr. Moglino noted that there was no objection to the requirements. Mr. Moglino indicated that there is an existing slope on the property that will not need any additional protrusion of a stoop into the right of way. Mr. Culver indicated that there was no place to put additional parking on the site, and the City does not feel that this should be an obstacle to redeveloping the site. Mr. Bucci was sworn in, described the previous use of the building, and confirmed that it has been unoccupied “…for a good number of years.” Mr. Kolber suggested that the Board might want to waive the Site Plan because there is no external construction or change to the footprint. The City asked for new plans to be submitted that showed Abe storage for bicycles inside of the common area and the manner in which those bicycles would be secured. Ms. McClendon asked for public comment. Dr. Diane Campbell was sworn in and provided testimony as a Trustee of Shiloh Baptist Church. She stated the church is elated about the development of the structure into a residential dwelling instead of being restored back to a bar. With no additional public comment the following vote was set forth: Approve D1 variance converting from mixed-use to residential use. The D1 variance for density and parking as the parking is a less intense use than it was with the previous use. Waiver of Site Plan the conditions of submitting a lighting and a landscaping plan and not to put anything into the right of way. Provide an updated set of plans that show the bike parking. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Ruth Jackson X  Shaheed Morris X Michael Raab X X Brenda Turner X NEW 23-Z-106WA 106 Walnut Avenue Block: 12902 Lot: 18 Residential B Zone An appeal by Attorney Jeffrey Hall of Counsel, 101 Grovers Mill Road Suite 200 Lawrenceville New Jersey 085648 on behalf of Owner Boris Kushner of Lutrent LLC, of 231 Meadowbrook Road Wycoff New Jersey 07481 to reintroduce previously existing non-conforming property to re-occupy as a three (3) family dwelling unit with a request to waive site plan review. Requesting exception to Chapter 315-230; A(4) Abandonment of a non-conforming use, and Chapter 315-60 Waiver of Site Plan Review. After discussion with the Applicant the following vote was set forth: Carry 23-Z-106WA 106 Walnut Avenue to the August 16, 2023 at 7pm on this platform Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Ruth Jackson X Shaheed Morris X Michael Raab X X Brenda Turner X Meeting Adjourn 10:07 pm Respectfully submitted by Cherry Oakley, Zoning Board Secretary