Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, Septmeber 20, 2023 Via Microsoft Teams Members in Attendance: Trina McClendon, Chair Fred Costanzo Carol Graff Ruth Jackson Brenda Turner Members Not in Attendance: Caitlin Fair Carmen Rodriguez Shaheed Morris Michael Raab Public Hearing Ms. McClendon opened the hearing at seven 7:06pm. Mr. McGill read the Open Public Meetings Act statement. A quorum was verified. 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. The Applicant requested that this matter be carried. They did not properly notice for the change in venue to hear this matter. The following vote was set forth: 22-Z-726CA 726 Calhoun Street was carried to the December 20, 2023 Zoning Board Hearing at 7PM in City Hall, with service notice being required. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X X Carol Graff X Ruth Jackson 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 The Applicant advised the Board that he was requesting this matter be carried and that the attorney for this matter is being changed. Mr. McGill advised the Applicant that they must be represented by an attorney when they return to have the matter heard. The following vote was set forth: 22-Z-530LA 530-532-536-552 BEF-552 Lalor Street was carried to the November 15, 2023 Zoning Board Hearing at 7PM in City Hall. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X X Ruth Jackson 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 attorney representing this matter requested via letter that the matter be carried and the deadline for the Board to act was waived. The following vote was set forth: 23-Z-99FRA 99 Frazier Street & 324-330 Reservoir Street was carried to the October 18, 2023 Zoning Board Hearing at 7PM in City Hall. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X X Carol Graff X Ruth Jackson X Brenda Turner X NEW 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 requested the matter be carried and will be amending the application as it was learned that the property was not purchased by the LLC but instead was purchased in the LLC’s owner’s name. The Applicant had the deed present as verification of the proper title holder and he will provide this deed to the City when the application is amended. The following vote was set forth: 23-Z-215SP 215 Spring Street was carried to the October 18, 2023 Zoning Board Hearing at 7PM in City Hall. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X X Carol Graff X Ruth Jackson X Brenda Turner X 23-Z-1212E 1212 Edgewood Avenue BL: 32701 L: 3 Residential “RB” Zone Appeal by Attorney Christopher H. DeGrezia, Faegre Drinker Biddle & Reath LLP. 105 College Road East P.O. Box 627 Princeton, New Jersey 08542 on behalf of the Applicant/Owner HomeWorks Trenton Inc, 174 Nassau Street, Box 196, Princeton New jersey 08542. Applicant is applying to the Zoning Board of Adjustment for Preliminary and Final Site Plan approval in connection with the property located at 1212 Edgewood Avenue Trenton New Jersey 08618. By way of background, the Applicant previously submitted a bifurcated application and received “C” and “D” Variance approval pursuant to the Resolution memorialized on March 16, 2022. Chapter 315-60: Site plan Review and Relief requested for Chapter 315-205: Signs in Residential Districts The following Board’s professionals were sworn in: Mr. Drew Pavlick (Engineer), Mr. John Jahr (Traffic Consultant,) Michael Kolber (City’s Planner), Ray Bucci (Zoning Officer). The Applicant’s attorney, Ms. Jessica Peslak, introduced the project. Mr. John McDonough (Planner), Ms. Natalie Tung (Co-founder and Executive Director) Joshua Zinder (Architect), Kelly O’Such (Engineer), and Mr George Jacquemart (Traffic Consultant) were sworn in, presented their credentials, and were accepted as experts in their respective areas. Referencing the PowerPoint (Exhibit A1), Ms. Tung described Homeworks and the benefit it is to its scholars and the community of Trenton. She shared the current landscape for college acceptance for high school graduates in the City of Trenton. She described the composition of the programming and the outcomes sought. Mr. Zinder described the purpose of the project. He described the history of the property and noted that there is a report provided in the Board’s packet describing the researched history. He described why it is an ideal location for the Homeworks program. It is an existing non-conforming structure with a rear yard setback and 8 parking spaces. The plan calls for expanded parking increasing to 15 spaces. They noted that they could not keep The Spring House with the requirements that must be met to preserve it but they are open to working with anyone who might want to relocate it. It does not have a historic designation and it has been thoroughly researched. It has a lower level so it could be moved and preserved. An elevator for ADA compliance has been added and the office and scholar housing have been expanded. The structure had to be modified from the previous approval because the ideal candidates for the onsite supportive staff come with families, so a studio apartment would not be feasible. Mr. O’Such, referencing a site plan, testified that the area of questionable title is not included in any part of the structure under development. He described the loop driveway, the other structures on the property, and where the property lines were thought to be. He noted that the retaining walls were stone blocks that exist currently. The missing walkway has been relocated on the site since the last approval. Referencing the footprint of the building, he detailed the rear yard setback. He noted that the front yard and the 2 side yard setbacks comply with the ordinance. There will be a van-ready parking stall. The existing parking is along the frontline of the property. A bike rack is proposed to be added to the property on the western edge of the parking lot, although it is not currently on the plan. None of the scholars will be riding bikes back and forth to the facility, so the rack will be for the staff. There are some concrete paths being proposed throughout the site for mechanical equipment. There is a proposed trash enclosure that will be 6ft. high with white-on-white board fencing material. Trash pick-ups would be twice per week. The scholar drop-off would occur in the loop drive. If a larger bus would be required pick up and drop off would occur on the street on Edgewood Avenue. Mr. O’Such described the underground stormwater containment and discharge plan. He described the existing sanitary line and how it will be rerouted on the property and through the building. There will be additional street trees provided outside of the site line. Large non-mulched areas will be avoided. Foundation plantings will be added to soften the structure's appearance. He also described the lighting plan for the site which will include 15ft high pole-mounted lights that will have shields added to those on the eastern edge of the property. Relief is sought for exceeding the foot candles on the southern and rear property lines. Security and the limitations of the property line require this adjustment. All lights will be LED and the Applicant will work with the City on the timing of the lights turning on. Mr. Jacquemart explained the report (slide 44) that was submitted to the City in April 2023. He stated that the ordinance requires 1 space for every 500 sq ft, translating to 30 parking spaces, well overused demand. The user group and this project’s purpose are not described in the standards, and thus are considered a ‘special use.’ Referencing a slide for the Parking Demand Pattern, he described what was learned in the study of the site and what is a reasonable worst-case scenario about the demand for parking. Mr. Zinder described what will be located on each floor of the structure on the site and for what each room can used. He described how the dorm rooms would be accessed. He showed photos of the existing conditions of the building and the surrounding area and a rendering, without the proposed street trees, of what the proposed improvements to the building would look like once completed. He noted that the proposed fencing meets the guidelines for Homeland Security’s recommendation for safety fencing. Mr. Zinder described the benefits to the community that improvements of this property will provide. Mr. McDonough indicated that this site is ‘super-sized’ at 9x the zoning requirement. He noted that the floor area, and the light, all comply with the ordinance. There is minimum relief required with the rear yard setback, which is a pre-existing condition that needs to remain because of its proximity to the canal that runs behind it. He described the benefits of the project and how they outweigh any of the negative impacts. He also indicated that the parking conditions are an existing condition. The fence height around the refuse enclosure and the front yard fencing also require relief. The sign package also requires relief related to the number of signs and the location of the signs. There is a small 3 ft. sign in the front to identify the site and a 6 sq ft. for the roadside sign. The lighting kelvin levels are thought to be appropriate for safety and will not be disruptive to the neighborhood pattern but they exceed what is allowed by the ordinance, so relief for this is being sought. He noted that a loading area is unnecessary as this is a residential setting. Mr. Jahr testified that he was satisfied with the testimony for the parking. Mr. Kolber asked clarifying questions. Long-term landscaping maintenance will likely come from the chores the scholars perform and the more intense maintenance will likely come from local businesses. The Applicant will research some low-maintenance irrigation for landscaping sustainability. The scholars are dropped off at their schools on Friday mornings and the parents work with Homeworks to manage the pick-up. The Sunday drop-off at the facility happens in a two-hour window. During the summer the scholars have fun academic support so the house has the potential to be used during the summer. The Board recommended that the stone retaining walls that are existing be power- washed prior to move-in and thanked them for preserving them as they are part of the nature of the City. Ms. McClendon asked if there was any member of the public who wanted to speak for or against this project. Mr. Andrew Carten was sworn in and testified to his history working in the City and witnessing the needs of the City’s teens. He is acting as a volunteer technical support for the project. He noted that the health, welfare, and safety of the neighborhood are positively impacted by having a vacant building restored. He affirmed that the Applicant did their due diligence to assure that the stone building on the property is not a historic building. He noted that the main building will have fewer people/less density for use than previous uses. He commended the Applicant for the preservation of the main building and the landscaping being appropriate and consistent with what is in the area. Mr. McGill indicated that affirmation of the variance for parking is not required, even though the number of spaces to be provided has been increased. The number of parking spaces in the previous resolution will be updated to 58. Ms. McClendon asked if there was anyone who wanted to speak for or against this application. With no answer from the gallery the following vote was set forth: Approve preliminary and final site plan approval along with variance relief for the rear yard setback where the new proposed structure will be 15. 33 ft. from the rear, and allow parking in the front yard, variance for fence height and front yard and along garbage enclosure and for sign package and a design exception to allow greater than 1 ft. candle at the property line and variance for no sidewalks, and a waiver for no loading space, and amend the prior resolution to say that 58 people can be at the site. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X X Ruth Jackson X Brenda Turner X 23-Z-905LI 905-909 Liberty Street BL: 20304 L: 1 Residential B Zone Appeal by Project Manager Leoncio Vazquez of JAG Resources on behalf of Applicant Rebecca Vicente and Luis Guerra of 818 Melrose Avenue Trenton New Jersey 08629, Owner Reyes & Sons Property Mgmt. LLC to introduce a cooking hood fire suppression system for the preparation of hot meals to the public and to assist in charitable functions in an existing retail food establishment. Requesting exception to Chapter 315-96 Use. The Applicant requested the matter be carried as there are only 5 members of the Board to hear the case tonight. They waived the time the Board had to act. The following vote was set forth: 23-Z-905LI 905-909 Liberty Street was carried to the October 18, 2023 Zoning Board Hearing at 7PM in City Hall. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X X Carol Graff X Ruth Jackson X Brenda Turner X 23-Z-1424W 1424-1426 W State Street BL: 34202 L: 19-20 Residential “B” Zone Appeal by Project Manager Lencio Vazquez of JAG Resources on behalf of Owner/Applicant Salvatore Vetri Executive Properties LLC21 West High Street, Somerville New Jersey 08876 to demolish the current structure (two semi-attached single family dwelling units) and construct a four-family, detached structure. Residential units will mirror each other at approximately 1,065 square feet per unit each with three bedrooms. The structure will have individual storage areas in the basement for each unit with two shared laundry rooms. The third floor will be reserved for mechanical spaces for the units. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements 315-99 (Minimum Front Yard Setback, Minimum Side Yard Setbacks, Minimum Lot Coverage) thru 315-100 Parking (6 spaces are indicated) if applicable. The attorney representing this matter requested via letter that the matter be carried and the deadline for the Board to act was waived. The following votes wer set forth: 23-Z-1424W 1424-1426 W State Street was carried to the October 18, 2023 Zoning Board Hearing at 7PM in City Hall. Member Aye Nay Ab-stain Motioned Seconded Trina McClendon, Chair X X Fred Costanzo X Carol Graff X X Ruth Jackson X Brenda Turner X Memorialize Resolutions: 2023- 14 for Lutrent LLC for 106 Walnut Avenue 2023-16 for Lion of Judah Faith Center for 1270 East State Street 2023-16 International Muslim Brotherhood, Inc. for 25-27 Oxford Street 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 Meeting Adjourn 9:30 pm Respectfully submitted by Cherry Oakley, Zoning Board Secretary