Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, August 16, 2023 Via Microsoft Teams Members in Attendance: Trina McClendon, Chair Fred Costanzo Caitlin Fair Carol Graff Ruth Jackson Shaheed Morris Michael Raab Brenda Turner Members Not in Attendance: Carmen Rodriguez Public Hearing Ms. McClendon opened the hearing at seven 7:10 pm. Mr. McGill read the Open Public Meetings Act statement and a quorum was verified. Approve Memorialize Resolution 2023-11 regarding 221 East Hanover LLC as amended with the rear yard setback Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Ruth Jackson X Michael Raab X X Brenda Turner X Approve Memorialize Resolution 2023-12 regarding 313 Calhoun St Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X  Fred Costanzo X X Ruth Jackson X Michael Raab X Brenda Turner X CARRIED 23-Z-1289P 1289 Princeton Ave Block: 9407 Lot: 1 Business B Zone This is a hearing to review a proposed settlement of litigation. The Board will review a proposal of the “Friends of Paul Robeson Charter School, Inc.” a New Jersey Non-Profit Corporation. The School is seeking to construct a three-story charter school building with associated site improvements on the subject property 1289 Princeton Avenue, located in the City of Trenton and the Township of Ewing. The property is also known as lot 36 in block 13 (Ewing Township) and lot 1 in block 9407 (Trenton City). Lot 36 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. The proposed settlement includes the grant of relief from a condition of a conditional use pursuant to N.J.S.A. 40:55D-70d.3, Chapter 315-189 “Loading Spaces and a Design Waiver for no street trees on Prichard Street. As part of the proposed settlement, the school is proposing a number of self-imposed conditions; namely, a.) the School shall apply to City Council to have Pritchard Street designated as a one-way street from its terminus with Princeton Avenue to its terminus with New Willow Street; b.) the School shall cause Pritchard Street to be milled and paved with curbing along its frontage, upon completion of construction, and as a condition of issuance of a Certificate of Occupancy; c.) the School shall cause landscaping to be installed as shown on Sheet L600 of the site plan set submitted with the June 21st application; d.) the School will designate the bus pick up and drop off lane paralleling Pritchard Street for dual use with deliveries and refuse pickup being limited to designated hours as shown on official signs to be installed along said lane; and e.) the School will install official signs regulating the hours for delivery and other vehicles and bus operations along the lane paralleling Pritchard Street. The Paul Robeson Charter School is represented by Attorney Jeffrey Hall, Esq. Mr. McGill described that this matter was previously heard and what votes were taken at that time. He described the settlement that was made and noted that the public has the right to be heard on the settlement reached. Mr. Hall will further explain what was agreed to. He noted that the first order of business was for the Board to accept jurisdiction over this. The Board accepted jurisdiction. Mr. Hall introduced what changes will be made to the plans as per the settlement and what Board concerns are now addressed in the plans. Freya Lund, Principal of Paul Robeson Charter School, was sworn in, and shared a slide deck about the school and described its mission and who it serves. This school is a Lighthouse District as one that delivers an equitable and world-class education to its students. She described the search for the site and its intention to develop. Mr. James Zembur, was sworn in and was accepted as an expert in Engineering. He presented the amended site plan. Referencing a colored rendering of the footprint (Exhibit A-2), he noted that the Mercer County Planning Board agreed to remove the dedication on the Trenton side, resulting in a larger front yard setback, so a variance is no longer needed. There will be signage provided on the bus drop-off area to designate what will occur in this area and when. There will be additional landscaping provided onsite. Exhibit A3 showed the proposed additional landscaping on the Trenton side of the property, which included numerous shrubs and some shade trees but not street trees. As a result of the dedication being removed a variance for impervious coverage is sought as 60% is required, but 75% is what will be in the area on the Trenton side. The Applicant indicated that they are still willing to comply with the technical comments in the original application. Ms. McClendon asked if there was anyone who wanted to speak for or against Ms. Kimera Zenon, a parent of a student of Paul Robeson School, was sworn in and read a statement about the need for and the benefits of the project. Ms. Unaisa Mir was sworn in and asked if the school would be pedestrian and bike-friendly so that the students will not be car dependent and isolated. Mr. Hall indicated that the Mercer County Board made some part of the project dedicated to accommodating cars. There will be a bike rack located next to the building and crosswalks will be added to the site to encourage pedestrian safety. Mr. John Corak, traffic engineer, was sworn in and accepted as an expert before this Board. He testified to the pedestrian and cyclist connectivity and safety built into the project. With no other comments from the gallery the following votes was set forth: Approve the amended plans and authorize Mr. McGill to execute a stipulation of settlement and a stipulation of dismissal and sign a settlement agreement put on the record on behalf of the Board. 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 Brenda Turner X Mr. McGill read a resolution into the record and the Board voted to memorialize the resolution 2023-13 for 23-Z-1289P 1289 Princeton 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 Brenda Turner X Next case was called at 8:08 PM 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. Ms. Elizabeth McManus, Planner, and Mr. Boris Kushmir, Owner, were sworn in. Mr. Kushmir explained the history of his investment in Trenton, which has resulted in 29 rental properties and the stability of his residents in his properties. Referencing Exhibit A1, a photo and description of the listed property as a 3-unit property. Referencing Exhibit A1C and A1B, color photos of the property as purchased interior and exterior. He talked about the renovations undertaken. Exhibit A2, a letter from the Department of Community Affairs, had a section of it read into the record detailing his need to register the home as a 3-family unit or risk being fined. Mr. Kushmir confirmed that he registered the building after receiving the letters from DCA. Exhibit A4, a plan of the property and the neighboring lots. Exhibit A5, 3 pages with 3 plans for the property for each floor. Exhibit A6a-e are color photos of the renovation of the house after completion with samples of the rooms. Exhibits 7A, B, and C are photos of the separated utilities for the house. It was through this upgrading of the utilities that it was learned that the property had been abandoned for more than 18 months. This means it reverts to its original use, and the City does not believe it was a three-family home. Exhibit A8 was a photo of the backyard parking, which could accommodate 4 vehicles, possibly 5. Mr. Kushmir pointed out that the utility company also identifies this as a 3-family unit. Ms. McManus described her review of the plans and documents available related to the property. She noted that the Applicant is in need of a Use Variance for 3 units as the district only permits 2 units in a stacked townhouse building. She described the conditions that make this property particularly suited for the continued use as a 3-family unit. She identified the other buildings that are surrounding this building that also have a number of units that exceed what the plan is for this district. She reviewed the portions of the Land Use law that this project supports. She described the access to parking and how this project contributes to the common good instead of being a detriment. Mr. Kolber, Senior Planner for the City of Trenton, was sworn in and noted that he could not make a recommendation to grant this variance but also is not opposing it. The City is neutral on this project. He also noted that he does not dispute the testimony provided by the Applicant and acknowledges that the Board may find it especially compelling and may grant the Use Variance. He noted that the size of the bedrooms and units have been approved in the past. He noted that photos indicated that there may have been a street tree in front of the building and confirmed with the Applicant that they would not oppose the Shade Tree Commission putting a street tree in front of the building. Mr. McGill indicated that the Applicant will have to comply with the fire codes in order to get a Certificate of Occupancy. Ms. McClendon asked if there was anyone from the public who wanted to speak for or against this project. With no response from the gallery the following vote was set forth: Approve 23-Z-106WA 106 Walnut Avenue waiving the Site Plan and noting that the Applicant has agreed to plant street trees in front of the house Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X Ruth Jackson X Michael Raab X Brenda Turner X X Caitlin Fair X 23-Z-657OH 657 Ohio Ave BL: 24403 L: 3 Residential “B” Zone Application by Project Manager Leoncio 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). Mr. Leoncio Vazquez and Mr. Juan Cruz were sworn in. Mr. Vazquez indicated that he sent into the City evidence how each property was listed and taxed inclusive of individual tax ID#s. He reminded the Board what is being sought. He noted that other properties in the neighborhood are also the size of the smaller second parcel of land under consideration for this Applicant. Mr. Ray Bucchi, Zoning Officer for the City of Trenton, was sworn in and testified that he was not able to access any records that shows the historical information related to this property. He noted that the tax office has this property as having 3 units and not 4. He found a change of ownership and an inspection of 4 units on the property instead of 3. Mr. McGill indicated that a chain of title should be reviewed to see how far back it has been listed as a separate property. 657 Ohio Avenue was the garage that had a building permit. Ms. Vanessa Torres, the Applicant’s wife, was sworn in and asked about relief from property taxes for the commercial building as part of this application. Mr. McGill noted that this Board does not have jurisdiction to grant such relief. The following vote was set forth: Carry the matter for a date not certain, let the Applicant send out notice to the public again for the in-person hearing. Date will be determined once the documentation needed is provided and barring any extenuating circumstances, it will not receive further extension. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X X Carol Graff X Ruth Jackson X Michael Raab X Brenda Turner X Caitlin Fair X NEW 23-Z-1270E 1270 E State Street Appeal by Owner/Applicant Reverend Shirley Smalls Lion of Judah Faith Center Inc. 1270 E State Street Trenton New Jersey 08609 to place a prefab 14x44 foot A-frame shed (616 square feet) shed which will be built off site and delivered/placed at the above property to be used as a “banquet hall, storage and outreach programming to the community.” Requesting exception to Chapter 315-119: A; Permitted Condition Use for Churches under 315-137A thru D with compliance to all Bulk Requirements (pre-Existing) and Parking. Rev. Shirley Smalls and Ms. Ilene Griffin were sworn in. Mr. Hall introduced the project. Ms. Griffin described what community supports are provided through the church. Rev. Smalls described what is planned for the shed. She described why there is a need for the shed. She noted that it will not be used as a banquet hall but will be used for fellowship after church. The Applicant indicated that she was open to consolidating the two lots if the Board requires it in order to approve this application. There will be a temporary base so the shed will not sit directly on the ground so it can be moved. The base will be reinforced so that it will withstand damage from the elements. Mr. Bucchi noted that because of the size of the building there would need to be footings and foundations. Because this is considered an accessory structure, it cannot stand alone on one lot, which would require the lots to be consolidated. There is a breezeway placed between the church’s main building and the shed to protect the parishioners from the elements when moving outside to it. The application will be amended to consolidate the lots. Ms. McClendon asked if there was anyone from the public who wanted to speak for or against this project. With no answer from the gallery the following vote was set forth: Approval of 23-Z-1270 E including a breezeway structure between the church and the building and lot consolidation. Member Aye Nay Ab-stain Motioned Seconded Shaheed Morris X Trina McClendon, Chair X X Fred Costanzo X X Carol Graff X Ruth Jackson X Michael Raab X Brenda Turner X Caitlin Fair X 23-Z-1727O 17-27 Oxford Street BL: 8202 L: 16-17-17.01 & 23 Industrial “A” Zone Appeal by Attorney Naeem Akhtar, ESQ New Jersey office 331 North Post Road P.O. Box 832 Princeton Junction New Jersey 08550 on behalf Owner/Applicant International Muslim Brotherhood, Inc. of 25-27 Oxford Street Trenton New Jersey 08638 for alterations and to construct an addition for the existing House of Worship. The expansion will include raising the existing structure to three levels (existing 2,152 Square feet per first/second level with a new third floor 2,152 square feet) and proposed new addition 3,327 per floor (three levels). Requesting exception to Chapter 315-122 Permitted Use in the Industrial” A” Zone, with relief from 315-125 Bulk Requirements (front yard setbacks) and 315-126 General Requirements including Parking. Mr. Leoncio Vazquez, Mr. Benedetto Catarinicchia the architect for this project, and Mr. Amir Rihan were sworn in . Mr. Naeem Akhtar introduced the application. Mr. Catarinicchia was accepted as an expert in architecture before this Board. He described the addition that will be added and what the layout will be per each floor. He described the materials that would be used for the exterior. Mr. Vazquez provided the history of the structure and the changes that have increased the need to expand the building. Mr. Mubine Kathrada was sworn in and described how the area has been improved since the mosque was established. Families have moved into the abandoned buildings establishing homes, communities, and a school that meets NJ education standards. They have eliminated illegal activity in the area and want to expand the positive impact their mosque has had in the area. Mr. Kolber testified that the underlying bulk variances being sought do not have a negative impact on this area. There is enough parking for the property. Ms. McClendon asked if there was anyone from the public who wanted to speak for or against this project. With no answer from the gallery the following vote was set forth: Approval for relief for the conditional use and granting a variance for parking based on the wording of the ordinance that deals with need, as long as the parking need is met. Return for preliminary and final site plan as necessary. Member Aye Nay Ab-stain Motioned Seconded Shaheed Morris X Trina McClendon, Chair X X Fred Costanzo X X Carol Graff X Ruth Jackson X Michael Raab X Brenda Turner X 23-Z-99FRA 99 Frazier Street & 324-330 Reservoir Street BL: 4302 L: 11-14, 32.01-32.03 & 36 Frazier/Reservoir Redevelopment Residential “B” Zone Appeal by Attorney H. Robert Tillman ESQ. of Tillman Law Group 932 Haddonfield Road Suite 300, Cherry Hill New Jersey 08002 on behalf Owner/Applicant Union Baptist Church located at 301 Pennington Avenue Trenton New Jersey 08618, Applicant is proposing to build a parking lot to provide additional off-site parking (36 spaces) for the existing Union Baptist Church. The site will be landscaped and lighted with an enclosed fence/gate. Requesting exception to Chapter 315-98 “Permitted Conditional Use” in the Residential B Zone under 315-137 “Churches” and 315-143 “Parking Lot” with a request for Preliminary and Finale Site Plan approval under Chapter 315-60. The Applicant is requesting more time to gather information to justify the waivers being sought. The following vote was set forth: Carry the matter 23-Z-99FRA 99 Frazier Street & 324-330 Reservoir Street to the September meeting in City Hall at 7pm 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 Brenda Turner X 23-Z-215SP 215 Spring Street BL: 2105 L: 37 Residential “B” Zone Central West Redevelopment Appeal by Applicant/Owner Raicu Investments LLC 1000 River Reach Drive #107 Ft Lauderdale Florida 33315 to convert a commercial space (hair salon/barber shop) with one apartment into a residential unit-two bedrooms (total two units). The Applicant request waiver from preliminary site plan review with this application under Ordinance 315- 60, exempts projects where alteration work does not exceed 1,000 sf. of area and would result in a total of a two- family dwelling unit. Requesting exception to Chapter 315-96 Permitted Use in a Residential B Zone, 315-104 Parking if applicable, with all bulk requirements existing. The Applicant had not served notice but did waive the deadline for the Board to act. They will be heard at a future meeting when they have properly served notice. Meeting Adjourn 10:43 pm Respectfully submitted by Cherry Oakley, Zoning Board Secretary