Zoning Board of Adjustment

City of Trenton Zoning Board Public Hearing Wednesday, October 18, 2023 City Hall Members in Attendance: Trina McClendon, Chair Fred Costanzo Carol Graff Ruth Jackson Brenda Turner Members Not in Attendance: Carmen Rodriguez Shaheed Morris Michael Raab Public Hearing Ms. McClendon opened the hearing at 7:07 pm. Mr. McGill read the Open Public Meetings Act statement. A quorum was verified. Mr. McGill indicated that all matters tonight are Use Variances, which require 5 favorable votes in order to pass. Tonight there are only 5 Zoning Board Members present so it is the right of the Applicant to ask for their matter to be carried to a future date when more Board Members might be present to hear the matter in order to have a better chance of getting 5 affirmative votes. CARRIED 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. Mr. H Robert Tillman introduced the application and the environmental history of the lot. The EPA evaluated the site to verify that there was not an underground tank that needed to be removed. There is a letter the Applicant received confirming that. He reviewed the chronology of the property acquisition of the adjacent lot that was owned by the City. The City obtained this lot through foreclosure. Mr. Robert Korkuch, Principal Engineer of ACT Engineers and Mr. Elkins Green, Member of Union Baptist Church, were sworn in. Mr. Korkuch presented his credentials and was accepted as an expert before this Board in the fields of engineering and planning. Mr. Green described the need for the project. He described the church’s history and the history of what it has provided to the community. He described how the property is currently used and the current parking accommodations. He described how they can address their parking needs without having to have arrangements with other property owners in the vicinity. There are 1200 members on the rolls of Union Baptist with 500 of those members being active. Referencing Exhibit A-1 Aerial Photo identifying parking facilities within 1000 ft. proximity to the church. Mr. Korkuch described how the church addresses its parking needs currently. Now that the fundraising for the addition of the church Annex approved in 2013 the opportunity to purchase land from the Ortiz family that is on the same side of the street and in close proximity to the church would allow the church to accommodate the parking needs of those using the Annex. Some of the impervious coverage that exists on the site will be removed to reduce the impervious coverage from 99% down to 49%. Referencing Exhibit A-2 an aerial photo with the proposed parking lot superimposed he described the project’s planned location and layout. Mr. Korkuch reviewed the ordinance’s parking requirements and noted that there is currently significantly more parking provided than is required. A variance for impervious lot coverage is needed as the amount of coverage exceeds the ordinance. Additionally, a variance is needed for the lot's location being more than 200 ft away from the church therefore not adjacent to the church. Mr. Korkuch indicated that the lot will be cleaned up and improved, and the impervious coverage reduced, which is justification for approving the variances. Mr. Drew Pavlick (Lanning Engineering), Michael Kolber (City of Trenton), Steve Lennon (Taylor Design Group), Aaron Schrager, (Brightview) the Board’s professionals were sworn in and spoke to their memos. The landscaping stopped halfway down the property line on one side because of the difference in requirements from residential to commercial. The Applicant is willing to continue the landscaping for the entire length of the property line. The church wants to provide grass instead of ground cover as they will have onsite maintenance people who can maintain the grass. The gate will be manually operated and the lights will not be on at night. There will only be two light fixtures in an effort not to over-light the facility because of the residential nature of the neighborhood. The sidewalk elevations are pretty level without sidewalk depressions and other cutouts so it is already ADA compliant. The church has dedicated maintenance personnel to clear any sidewalks and parking lots during inclement weather. Mr. Green indicated that the services are streamed so during inclement weather people do not come to church in person. Mr. Kolber indicated that the City is interested in having the property activated so it’s not sitting vacant for most of the week. Mr. Green testified to some plans the church has brainstormed to keep the parking lot active and benefiting the community. There is already ADA parking provided closer to the church so this new parking lot will not provide any ADA spaces. Ms. McClendon asked for public comment. With no answer from the gallery the following vote was set forth: Approve 23-Z-99FRA 99 Frazier Street & 324-330 Reservoir Street 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-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. After consultation with the Applicant, the following vote was set forth: 23-Z-215SP 215 Spring Street adjourn to December 20, 2023 at 7pm in the City Hall Council Chambers 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-905LI 905-909 Liberty Street BL: 20304 L: 1 Residential B Zone Appeal by Project Manager Lencio 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. After consultation with the Applicant, the following vote was set forth: 23-Z-905LI 905-909 Liberty Street adjourn to December 20, 2023 at 7pm in the City Hall Council Chambers 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 Leoncio 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. After consultation with the Applicant, the following vote was set forth: 23-Z-1424W 1424-1426 W State Street adjourn to December 20, 2023 at 7pm in the City Hall Council Chambers /w the option to be part of a Special Session if the Board schedules a hearing before December 20, 2023. If the Application is part of a Special Session the Applicant will be required to serve full statutory notice again. 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 NEW 23-Z-112BU 112 Butler Street BL: 15402 L: 16 & 19 Residential “B” Zone Application by Project Manager Lencio Vazquez of JAG Resources on behalf of owner /applicant Edwin Deleon, of 1015 Deutz Avenue Hamilton New Jersey 08611, to seek Final Site Plan Approval under Chapter 315-60 for a restaurant on the first floor (with signage) with an apartment on the second floor. The apartment is two bedrooms, one bath with a kitchen with a separate dedicated entrance. Use, Bulk and Parking was previously approved May 18, 2022. After consultation with the Applicant, the following vote was set forth: 23-Z-112BU 112 Butler Street adjourn to December 20, 2023 at 7pm in the City Hall Council Chambers /w the option to be part of a Special Session if the Board schedules a hearing before December 20, 2023. If the Application is part of a Special Session the Applicant will be required to serve full statutory notice again. 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-1552S 1552 S Clinton Avenue BL: 20208 L: 1-2 Residential “B” Zone Application by Project Manager Lencio Vazquez of JAG Resources on behalf of Owner/Applicant Jose Torres of 27 Wolf Drive Hamilton Township NJ 08610, after securing an approval for the expansion of the existing grocery/deli is now seeking the Site Plan approval for the expansion onto the adjacent lot increasing food supply to the neighboring area and to raise one floor level for two residential units. Requesting exception to Chapter 315-96 Use with any/all Bulk Requirements (315-99 thru 100 Parking) if applicable. The applicant is requesting a waiver of the site plan fee while complying with the $530 Escrow to cover the Administration cost. Requesting exception to Chapter 315-60 Site Plan Approval After consultation with the Applicant, the following vote was set forth: Adjourn 23-Z-1552S 1552 S Clinton Avenue to December 20, 2023 at 7pm in the City Hall Council Chambers /w the option to be part of a Special Session if the Board schedules a hearing before December 20, 2023. If the Application is part of a Special Session the Applicant will be required to serve full statutory notice again. 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-504ST 504 Stuyvesant Avenue BL: 5005 L: 4 Residential “B” Zone Appeal by Owner/Applicant Hammer & Ratchet LLC, 429 West Hanover Street Trenton New Jersey 08618, to re- occupy the above non-conforming vacated use of a two-family dwelling unit as a two-family dwelling unit. Requesting exception to Chapter 315-230 A (4) “Non-Conforming Use” and/or Chapter 315-96 Use in a Residential “B” Zone with no change to pre-existing Bulk Requirements and or Parking After consultation with the Applicant, the following vote was set forth: Adjourn 23-Z-504ST 504 Stuyvesant Avenue to December 20, 2023 at 7pm in the City Hall Council Chambers /w the option to be part of a Special Session if the Board schedules a hearing before December 20, 2023. If the Application is part of a Special Session the Applicant will be required to serve full statutory notice again. 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 Lencio 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. After consultation with the Applicant, the following vote was set forth: Adjourn 23-Z-905LI to December 20, 2023 at 7pm in the City Hall Council Chambers /w the option to be part of a Special Session if the Board schedules a hearing before December 20, 2023. If the Application is part of a Special Session the Applicant will be required to serve full statutory notice again. 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-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. After consultation with the Applicant, the following vote was set forth: Adjourn 23-Z-1424W to December 20, 2023 at 7pm in the City Hall Council Chambers /w the option to be part of a Special Session if the Board schedules a hearing before December 20, 2023. If the Application is part of a Special Session the Applicant will be required to serve full statutory notice again. 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 Resolution for 1212 Edgewood Ave for Homeworks’ Preliminary and Site Plan with Bulk Variances 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 Meeting Adjourn 9:30 pm Respectfully submitted by Cherry Oakley, Zoning Board Secretary