Planning Board

1 1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY 2 PLANNING BOARD 3 : REGULAR MEETING : TRANSCRIPT OF 4 : --------------------: PROCEEDINGS 5 6 Union City High School Media Center 7 2500 Kennedy Boulevard Union City, New Jersey 8 9 Tuesday, February 28, 2023 Commencing at 6:03 p.m. 10 11 M E M B E R S P R E S E N T: 12 ALEJANDRO VELAZQUEZ, Chairperson 13 YDALIA GENAO ALICIA MOREJON 14 JOSE GUARENO HECTOR OSEGUERA, Alternate #2 15 M E M B E R S A B S E N T: 16 BRIAN T. STACK, Mayor 17 CELIN J. VALDIVIA, Commissioner CAROLINA FERNANDEZ 18 FRANKLIN MEDINA 19 A L S O P R E S E N T: 20 BRIAN CHEWCASKIE, ESQ. 21 Board Counsel 22 CARLOS VALLEJO, Board Secretary 23 DAVID SPATZ, City Planner 24 SUSAN BISCHOFF, CCR, RPR 25 449 Columbia Blvd., Wood-Ridge, NJ 07075 201-933-8220 SBischoffccr@yahoo.com  2 1 A P P E A R A N C E S: 2 BIANCA PEREIRAS, ESQ. Attorney for Applicant, 208 18th Street, LLC 3 BIANCA PEREIRAS, ESQ. 4 Attorney for Applicant, 2712 NY, LLC 5 BIANCA PEREIRAS, ESQ. Attorney for Applicant, Lidia Nova 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  3 1 I N D E X 2 PAGE 3 CALL TO ORDER 4 4 SALUTE TO FLAG 4 5 ROLL CALL 5 6 REORGANIZATION 6 7 ADOPTION OF MINUTES 8 8 HEARINGS/APPLICATIONS/EXTENSION 9/12/23/28 9 ADOPTION OF RESOLUTIONS 36 10 ADJOURNMENT 38 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  4 1 MR. VALLEJO: May I have your attention, 2 please? 3 Please take notice that on Tuesday, 4 February 28, 2023, at 6:00 p.m., a regular meeting 5 is scheduled for the City of Union City Planning 6 Board, to be held in Union City High School, 7 located at 2500 John F. Kennedy Boulevard, Union 8 City, New Jersey. 9 Adequate notice of this meeting has been 10 provided as follows: 11 Notice of this meeting setting forth the 12 time, date, location, to the agenda to the extent 13 known, was forwarded to The Jersey Journal, The 14 Record, and The Hudson Reporter, has been posted 15 on the bulletin board in City Hall, and has been 16 made available to the public in the Office of the 17 Municipal Clerk. 18 Before we do roll call for tonight's 19 meeting, can everybody kindly rise to salute the 20 flag, please? 21 22 (Whereupon the Pledge of Allegiance was 23 recited.) 24 25 MR. VALLEJO: Thank you.  5 1 ROLL CALL: 2 3 MR. VALLEJO: Roll call for tonight's 4 meeting. Mayor Stack is absent. Mr. Velazquez. 5 MR. VELAZQUEZ: Here. 6 MR. VALLEJO: Commissioner Celin 7 Valdivia is absent. 8 Ms. Genao. 9 MS. GENAO: Yes. 10 MR. VALLEJO: Ms. Morejon. 11 MS. MOREJON: Yes. 12 MR. VALLEJO: Ms. Fernandez is absent. 13 Mr. Medina is absent. 14 Mr. Guareno. 15 MR. GUARENO: Here. 16 MR. VALLEJO: Mr. Oseguera. 17 MR. OSEGUERA: Here. 18 MR. VALLEJO: Let the record indicate 19 there are five present. 20 * * * * 21 22 23 24 25  6 1 REORGANIZATION: 2 3 MR. VALLEJO: We're going to 4 reorganization to elect chairperson. Can I have a 5 motion to nominate. 6 MS. MOREJON: Motion to nominate Alex. 7 MR. VALLEJO: Motion by Ms. Morejon to 8 nominate Mr. Velazquez. 9 Are there any other nominations? 10 MR. CHEWCASKIE: Any other nominations? 11 MR. OSEGUERA: Yes. 12 MR. CHEWCASKIE: Roll call on the 13 motion. 14 MR. VALLEJO: Mr. Oseguera. 15 MR. OSEGUERA: Yes. 16 MR. VALLEJO: Mr. Guareno. 17 MR. GUARENO: Yes. 18 MR. VALLEJO: Ms. Morejon. 19 MS. MOREJON: Yes. 20 MR. VALLEJO: Ms. Genao. 21 MS. GENAO: Yes. 22 MR. VALLEJO: Mr. Velazquez. 23 MR. VELAZQUEZ: Yes. 24 MR. VALLEJO: Five in favor, motion 25 carries. Congratulations, Mr. Velazquez.  7 1 CHAIRPERSON VELAZQUEZ: Thank you, 2 everybody. 3 * * * * 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  8 1 ADOPTION OF MINUTES: 2 3 MR. VALLEJO: All right. Moving on now 4 to the agenda. Adoption of minutes, November 22, 5 2022. Can I have a motion? 6 CHAIRPERSON VELAZQUEZ: I make a motion. 7 MR. VALLEJO: Motion by Mr. Velazquez. 8 MS. MOREJON: Second. 9 MR. VALLEJO: Seconded by Ms. Morejon. 10 Roll call on the motion. 11 Mr. Velazquez. 12 CHAIRPERSON VELAZQUEZ: Yes. 13 MR. VALLEJO: Ms. Genao. 14 MS. GENAO: Yes. 15 MR. VALLEJO: Ms. Morejon. 16 MS. MOREJON: Yes. 17 MR. VALLEJO: Mr. Guareno. 18 MR. GUARENO: Yes. 19 MR. VALLEJO: Mr. Oseguera. 20 MR. OSEGUERA: Yes. 21 MR. VALLEJO: Five in favor, motion 22 carries. 23 * * * * 24 25  9 1 HEARINGS: 2 CITY OF UNION CITY 3 ORDINANCE: 4 5 MR. VALLEJO: Moving now to item number 6 one City of Union City, ordinance to ban smoke 7 shops and vape shops as a principal permitted use 8 in any zoning district in the City of Union City. 9 Mr. Chewcaskie. 10 MR. CHEWCASKIE: Certainly. So, board 11 members, what occurred is the City introduced an 12 ordinance on February 21st, it would provide that 13 smoke shops and vape shops are expressly 14 prohibited as uses in all zones within the City. 15 This was referred to the planning board to find 16 whether it's consistent or inconsistent with the 17 master plan. And also whether any recommendations 18 regarding the ordinance. I can defer to Mr. 19 Spatz, but I can tell you the master plan has 20 language in it that supports the general welfare 21 to have appropriate uses, that I would say it is 22 consistent. There is an adoption scheduled for 23 March 7, 2022. So I would suggest to the Board 24 that they can indicate they approve of the 25 ordinance as crafted and I would forward a letter  10 1 to the Board of Commissioners. So someone wants 2 to make a motion, I'll author that. 3 MR. OSEGUERA: I just had a question. 4 Do you know how many currently exist in the City? 5 MR. CHEWCASKIE: I do not. But if they 6 do exist, they would be grandfathered. 7 MR. OSEGUERA: Okay and so -- I guess 8 that was the second for those already existing, 9 they're not going to be asked to close down? 10 MR. CHEWCASKIE: Correct. Something 11 that exists prior to the adoption of the ordinance 12 can remain, as long as it's continued to be used. 13 MR. OSEGUERA: No new smoke shops. 14 MR. CHEWCASKIE: That is correct or they 15 would have to go to the board of adjustment to get 16 fair approval. 17 MR. OSEGUERA: Fair enough, thank you. 18 On that note, I guess I'll motion to 19 adopt. 20 MS. MOREJON: Second. 21 MR. VALLEJO: Motion on the table by Mr. 22 Oseguera to pass, seconded by Ms. Morejon. Roll 23 call on the motion. 24 Mr. Velazquez. 25 CHAIRPERSON VELAZQUEZ: Yes.  11 1 MR. VALLEJO: Ms. Genao. 2 MS. GENAO: Yes. 3 MR. VALLEJO: Ms. Morejon. 4 MS. MOREJON: Yes. 5 MR. VALLEJO: Mr. Oseguera. 6 MR. OSEGUERA: Yes. 7 MR. VALLEJO: Mr Guareno. 8 MR. GUARENO: Yes. 9 MR. VALLEJO: Five in favor, motion 10 passes. 11 * * * * 12 13 14 15 16 17 18 19 20 21 22 23 24 25  12 1 HEARING: 2 208 18TH STREET, LLC - 3 206-208 18TH STREET: 4 5 MR. VALLEJO: Item number 2, 208 18th 6 Street, LLC, settlement and tolling agreement, Ms. 7 Pereiras. 8 MR. CHEWCASKIE: I will allow Ms. 9 Pereiras to introduce herself and then I'll try to 10 give the Board where we're at because this is a 11 little unusual, since it's a settlement of 12 litigation. 13 MS. PEREIRAS: Thank you, Counsel. Good 14 evening, Mr. Chairman, Members of the Board, may 15 it please the Board, Bianca Pereiras on behalf of 16 the applicant, 208 18th Street, LLC. 17 MR. CHEWCASKIE: Okay. And if I may, 18 what has occurred here is that the Board denied 19 the application of 208 18th Street, LLC, for a 20 subdivision and creation of a three-family home. 21 The matter was appealed to the Superior Court, we 22 had settlement discussions. And as a result of 23 the settlement discussions, the existing residence 24 will remain and a two-family home, totally 25 consistent with the zoning ordinance, will be  13 1 provided. The case was resolved with discussions 2 between myself, Mr. Spatz, and Ms. Pereiras. 3 So what has occurred, what occurred is 4 that there's a settlement agreement that we will 5 ask the Board to approve. And then the second 6 aspect of that is that we will have a hearing with 7 respect to what is contained in that settlement 8 agreement, which is the two-family home. So there 9 would be a subdivision and a two-family home. 10 That hearing -- this hearing has to be conducted 11 with notice, that notice was provided. And I had 12 the opportunity to review that prior to tonight's 13 meeting. 14 So the hearing today is very simple. It 15 is not a rehash of the hearing that occurred last 16 year, but it is to review what is being proposed 17 and also to authorize the settlement. Basically 18 the case was dismissed without prejudice subject 19 to the Board acting on this application this 20 evening. If the Board approves the settlement 21 agreement and the proposed two-family, the case is 22 over. If it's not, we will go back to court. 23 However, at the time that this case was brought a 24 three-family dwelling would have been a permitted 25 use, this is more consistent with what the City  14 1 wanted. So are there any questions about the 2 procedure before we here from Ms. Pereiras? 3 Seeing no questions, perhaps you can tell us or 4 introduce your witness and tell us what was 5 proposed prior to this and what we're providing 6 for this evening? 7 MS. PEREIRAS: Of course, thank you, 8 Counsel. I think I'll call our first -- our only 9 witness, our architect Mr. Manuel Pereiras, to 10 discuss the original submission and the 11 modifications. 12 13 M A N U E L P E R E I R A S, after having been 14 duly sworn or affirmed, did testify as follows: 15 16 MR. PEREIRAS: Manny Pereiras, 17 P-E-R-E-I-R-A-S, with Pereiras Architects 18 Ubiquitous, 1116 Summit Avenue, Union City. 19 MS. PEREIRAS: Mr. Chairman, I ask he be 20 certified as an expert in the field? 21 MR. CHEWCASKIE: I would suggest since 22 the Board has seen Mr. Pereiras on numerous 23 occasions, that we will accept his qualifications 24 as an expert in the field of architecture. 25 MS. PEREIRAS: Thank you very much.  15 1 Mr. Pereiras, are you familiar with the 2 property at 208 18th Street? 3 MR. PEREIRAS: Very familiar. 4 MS. PEREIRAS: Did you prepare the 5 drawings that are before the Board this evening? 6 MR. PEREIRAS: I have. 7 MS. PEREIRAS: Would you kindly describe 8 our original presentation and the modifications to 9 be approved this evening hopefully? 10 MR. PEREIRAS: I'll be very happy to. 11 For matters of the record, the board to my left 12 are the same drawings that were submitted to this 13 Board. They're simply placed on the easel for 14 presentation. 15 We are dealing with a 50 by 100 lot. 16 The existing conditions of that lot is that there 17 is a structure on the eastern part of that lot and 18 there is a lot -- a driveway, basically a parking 19 area on the western portion of that lot. You can 20 see on the site plan that I'm pointing to now this 21 is the parking area with the garage in the rear 22 and two-family structure to the -- two-story frame 23 structure. I'm not sure -- our original 24 presentation to this Board was to demolish both 25 the garage and that structure and build two  16 1 conforming three-family houses that were 2 conforming at the time of the presentation. 3 Since then, Union City has adopted a new 4 ordinance. The concept of a three-family house is 5 now frowned upon. We're proposing a two-family 6 house. And that condition, we are maintaining the 7 existing two-family house that is shown -- it is 8 currently existing on the lot. The only 9 modification we are making to this lot is there's 10 a bay window on the western side of that building 11 and that bay window projects over that new 12 property line. So we're going to demolish that 13 bay window. And in the remaining lot, which is a 14 conforming 25 by 100 lot, we're providing 15 two-family house, exactly what the Union City 16 ordinance and master plan suggests to do. 17 And we're complying fully with all the 18 requirements and setbacks of that master plan. 19 That includes a seven foot front yard setback, 20 where we are proposing significant amount of 21 greenery. So we have multiple beds for planting, 22 one on the west corner, one on the east corner, 23 and two on each side of the driveway. We are 24 providing pavers for driveway entrance and 25 pedestrian entrance to the building. We're  17 1 creating setbacks on the west side, we have two 2 feet. And on the right side, we have three feet. 3 I'd like to make a note that we would have to 4 submit revised drawings to the Board and to the 5 professional for review. Because at the time we 6 submitted the drawings to the Board, the bay 7 window was not going to be demolished. After 8 discussions between professionals, the client 9 conceded to demolishing the bay window, so we're 10 able to meet the setbacks of three feet and two 11 feet on both sides. So I'm going to adjust my 12 drawings and submit that following this potential 13 approval. 14 So we'll have two feet on one side, 15 three feet on the other. And then the rear yard 16 is 20 feet clear. Moving towards the height of 17 the house, we have a permitted three story 18 building. There's parking on the ground level 19 with the garage entrance and two pedestrian 20 entrances to each of the apartments and then two 21 levels with one level of apartments on each. 22 Going back down to our floor plans on 23 sheet Z02, we see the ground level. We have the 24 driveway entrance in the middle of the building, 25 where we are able to park four cars. This would  18 1 be the first one and two for apartment A and 2 parking spaces three and four for apartment B. 3 They are in tandem, people will park within the 4 same unit to come out. Each apartment has their 5 own front door, and each opens to a small 6 vestibule and a stairwell leading up to the second 7 floor. 8 On the first floor is apartment A -- on 9 the second floor is apartment A, on the third 10 floor is apartment B. Apartment A has a -- 11 they're the same design for both floors. They're 12 both three bedroom apartments. There's a master 13 with its own master bathroom and walk-in closet, 14 two additional bedrooms, a hall bathroom, and then 15 there's an open floor plan design, kitchen, 16 dining, living room area. Similar on the second 17 apartment, except the entry point is slightly 18 different because the stairs are going an 19 additional flight so they move a little further 20 back. 21 Our facade is a very simple combination 22 of metal siding, brick, and fenestrations of glass 23 for the windows. There's a thin metal coping 24 along the top and it's a simple traditional 25 building that's going to fit into the  19 1 neighborhood, the fabric of the existing 2 neighborhood. 3 We are conforming in all other aspects, 4 lot width, lot length, lot area, coverage, 5 building coverage, and parking. 6 MR. CHEWCASKIE: My understanding, Mr. 7 Pereiras, is that the only change to the existing 8 dwelling is the demolition of that bay window, 9 which would have encroached on to the other lot, 10 correct? 11 MR. PEREIRAS: Correct, it's just the 12 demolition of the encroaching bay window. 13 MR. CHEWCASKIE: I just ask Mr. Spatz. 14 Dave, the drawings that have been presented, are 15 they consistent with what was reviewed during the 16 course of the litigation that gave rise to the 17 settlement? 18 MR. SPATZ: Yes, they have and I'll 19 confirm that the new dwelling is fully conforming 20 to the ordinance. And the only variances being 21 adjusted, we will review those plans prior to the 22 adoption of the resolution, just to sign off on 23 it. But they have met what was discussed as part 24 of the settlement. 25 MR. CHEWCASKIE: Okay.  20 1 CHAIRPERSON VELAZQUEZ: Do the Board 2 Members have questions? If not, any member from 3 the public? 4 I just want to add something here. My 5 other hat that I wore today, even though it was a 6 little bit of snow, I was going around checking 7 for rock salt, the sidewalks, and whatnot. And 8 today, for some reason, I actually started paying 9 attention to a lot of the buildings and started 10 paying attention to that kind of feeling like at 11 home. I grew up here and I live here, so I'm 24/7 12 working. But I think bringing it to two families 13 is a better fit because people want to say then. 14 For some reason -- in my opinion, for some reason, 15 when it's three, it gets sold like a condo, no 16 matter what, it falls through the cracks. Except 17 for rent control and we have some issues, it falls 18 through the cracks. You don't have that kind of 19 feeling. 20 I felt such a disconnect when I was on 21 10th Street, different than when I was on 18th 22 Street today. It's just a different feeling with 23 those buildings that are there compared to what 24 they have in their neighborhood. I would love to 25 see families come here, settle and raise families  21 1 here and want to be here. They got great 2 neighbors, can walk around, great neighborhoods, 3 great schools. And I think that's what we have to 4 strive for. I know you are products of the town 5 yourself. 6 I understand that sometimes this is all 7 about a profit sometimes, everybody wants to make 8 money, I understand that. But sometimes we forget 9 about the old-fashioned values a little bit. 10 Sometimes we got to bring them back, I feel. No 11 more? 12 AUDIENCE MEMBER: No. Sounds good to 13 me. 14 MR. CHEWCASKIE: So if the Board is 15 inclined to approve this application, the motion 16 would be to authorize the settlement agreement and 17 approve the two-family house as submitted, that 18 was just testified to, the subdivision with the 19 new two-family house. 20 CHAIRPERSON VELAZQUEZ: I'll make the 21 motion. 22 MR. VALLEJO: Motion to approve by Mr. 23 Velazquez. 24 MS. MOREJON: Second. 25 MR. VALLEJO: Seconded by Ms. Morejon.  22 1 Roll call on the motion. 2 Mr. Velazquez. 3 CHAIRPERSON VELAZQUEZ: Yes. 4 MR. VALLEJO: Ms. Genao. 5 MS. GENAO: Yes. 6 MR. VALLEJO: Ms. Morejon. 7 MS. MOREJON: Yes. 8 MR. VALLEJO: Mr. Guareno. 9 MR. GUARENO: Yes. 10 MR. VALLEJO: Mr. Oseguera. 11 MR. OSEGUERA: Yes. 12 MR. VALLEJO: Five in favor, motion 13 passes. 14 MS. PEREIRAS: Thank you. 15 MR. PEREIRAS: Thank you. 16 MR. VALLEJO: Require revised plans, 17 please. 18 MS. PEREIRAS: Yes. 19 * * * * 20 21 22 23 24 25  23 1 HEARING: 2 2712 NY LLC - 3 2712 NEW YORK AVENUE: 4 5 MR. VALLEJO: Next hearing is on an 6 extension 2712 NY, LLC, 2712 New York Avenue. Ms. 7 Pereiras, please. 8 MS. PEREIRAS: Bianca Pereiras on behalf 9 of the applicant for property at 2712 New York 10 Avenue. The Board may recall that we appeared 11 before you back in September of 2020, at which 12 time the Board -- we actually appeared on a few 13 different meeting dates, but the Board approved an 14 application to construct a three-family. Now, 15 this property is located on New York Avenue, where 16 we have some of these larger structures, so a 17 three-family fits in on this block in particular. 18 We have an applicant that isn't a 19 developer, this is actually a family. This mother 20 father, elderly couple, and son who applied for 21 this and were given the approval. Unfortunately, 22 when COVID hit, it hit their family business very 23 strongly and they were impacted financially quite 24 seriously. And they were not able to proceed and 25 submit for permits at that time.  24 1 So we are respectfully coming before 2 this Board and hoping for a one-year extension so 3 they can pull the appropriate permits in this 4 matter. 5 MR. CHEWCASKIE: So, Ms. Pereiras, let 6 me just ask a question. So this was approved by 7 resolution on July 28, 2020. So if the Board was 8 going to grant a one-year extension, it would be 9 expire July 28th of this year. 10 MS. PEREIRAS: Correct. 11 MR. CHEWCASKIE: Now, I just want to 12 make sure you're aware of that and that wouldn't 13 be an issue. 14 MS. PEREIRAS: We are. We believe we'll 15 be able to submit in time before that deadline. 16 MR. CHEWCASKIE: I mean for the Board's 17 edification, I've had an opportunity to review the 18 statute, they did receive site plan approval, they 19 are entitled to request an extension. And if 20 there is -- if the Board feels an extension is 21 warranted, same should only be to July 28, 2023. 22 Because then they would have to come back for 23 further extensions and the Board's feelings may 24 change. 25 MS. MOREJON: If I may, the extension  25 1 would be to July? 2 MR. CHEWCASKIE: What it is -- 3 MS. MOREJON: This year? 4 MR. CHEWCASKIE: It would be a one-year 5 extension retroactive to July 28, 2022. So this 6 extension would expire July 28, 2023. 7 MS. MOREJON: Thank you. 8 CHAIRPERSON VELAZQUEZ: And you said 9 this is a mom and pop? 10 MS. PEREIRAS: It's a mother, father and 11 their son. They're the ones -- this was a first 12 real estate project. And, unfortunately, they 13 were hit hard with COVID and they weren't able to 14 proceed. 15 CHAIRPERSON VELAZQUEZ: Those are the 16 kind of applications I like to hear. And I was 17 driving today and -- 18 MS. PEREIRAS: I'm sure. 19 CHAIRPERSON VELAZQUEZ: I noticed the 20 house next door was the three and all that. 21 MR. PEREIRAS: It fits in well. 22 CHAIRPERSON VELAZQUEZ: The only scary 23 part is I know the construction happening across 24 the street, the demolition of the garage and all 25 that. If that's all the same time with the  26 1 closing, probably with the size of it, they have 2 to coordinate. 3 MS. PEREIRAS: I'm sure we can try to 4 coordinate. 5 CHAIRPERSON VELAZQUEZ: I always love to 6 see mom and pops. I always say my opinion. My 7 opinion, how these corporations come over here and 8 they're not bothering, I'm weeding and all that. 9 It scares me. I look at the future a little bit 10 and get a little nervous. 11 MR. PEREIRAS: And the delay actually 12 helped them a little bit because of the 13 construction across the street, the road's going 14 to be done, so that's less of a financial impact 15 for them. So it helped them a little bit there. 16 CHAIRPERSON VELAZQUEZ: Yeah. I make a 17 motion to grant the extension. 18 MR. VALLEJO: Motion on the table to 19 grant the extension by Mr. Velazquez. 20 MS. GENAO: I second. 21 MR. VALLEJO: Seconded by Ms. Genao. 22 Roll call on the motion. 23 Mr. Velazquez. 24 CHAIRPERSON VELAZQUEZ: Yes. 25 MR. VALLEJO: Ms. Genao.  27 1 MS. GENAO: Yes. 2 MR. VALLEJO: Ms. Morejon. 3 MS. MOREJON: Yes. 4 MR. VALLEJO: Mr. Guareno. 5 MR. GUARENO: Yes. 6 MR. VALLEJO: Mr. Oseguera. 7 MR. OSEGUERA: Yes. 8 MR. VALLEJO: Five in favor, motion 9 carries. 10 MS. PEREIRAS: Thank you very much. 11 * * * * 12 13 14 15 16 17 18 19 20 21 22 23 24 25  28 1 HEARING: 2 LIDIA NOVA - 3 704-706 NEW YORK AVENUE: 4 5 MR. VALLEJO: All right. Going to the 6 last application on tonight's agenda. Lidia Nova, 7 704-706 New York Avenue. 8 MR. CHEWCASKIE: Just so the Board is 9 aware, I did have the opportunity to review the 10 notices on this application, so everything was 11 appropriate. The Board does have jurisdiction to 12 hear this application. 13 MS. PEREIRAS: Thank you very much, 14 Counsel. 15 Bianca Pereiras on behalf of Lidia Nova 16 for property at 704-706 New York Avenue, also 17 known as Lot 17 in Block 37. 18 The application before the Board this 19 evening is to provide for two residential units in 20 what is now an existing commercial building. 21 There is a bakery on the ground floor which is to 22 remain. And the second and third floors will have 23 apartments. 24 We have one expert to testify before the 25 Board this evening and that is our architect, Mr.  29 1 Manuel Pereiras. 2 3 M A N U E L P E R E I R A S, previously sworn: 4 5 MR. PEREIRAS: Manny Pereiras, I 6 recognize that I am still under oath. 7 MS. PEREIRAS: Mr. Pereiras, are you 8 familiar with the property at 704-706 New York 9 Avenue? 10 MR. PEREIRAS: I am. 11 MS. PEREIRAS: And did you prepare the 12 drawings that are before the Board this evening? 13 MR. PEREIRAS: I have. 14 MS. PEREIRAS: Would you kindly describe 15 the proposal for the Board? 16 MR. PEREIRAS: I would be very happy to. 17 Actually, as a brief kind of history to the 18 project, this project -- a very similar project 19 was approved many years ago, permits were taken 20 out, family struggled to get the job complete. 21 They're finally able -- in a financial situation 22 to finish the project. However, all the approvals 23 have expired. 24 So we're basically just completing what 25 has been there in existence for at least 30 years.  30 1 We have an existing two-story brick building in an 2 oversized lot, the lot is 3,754 square feet. It's 3 37 feet wide and 100 feet deep. So we're working 4 with a larger lot and all we're looking to do is 5 to legalize the existing bakery on the ground 6 floor and two apartments on the floors above. The 7 two apartments are each -- the apartment on the 8 second floor is a three-bedroom apartment. And 9 the apartment on the third floor is a two-bedroom 10 apartment. All walls, all conditions are there, 11 they're nice, large sized apartments. If you 12 look, just as an example, the entire rear portion 13 of the lot is the kitchen-dining room breakfast 14 nook area. The entire half of the lot is the 15 living room and dining room. There's a four foot 16 existing side yard setback along one side of the 17 building where they have windows. It's really a 18 nice building, as far as from a planning 19 standpoint. 20 However, we have a series of existing 21 nonconformities. And I'd like to go through them 22 all now. We are not conforming with side yards 23 because the ordinance, the way it's written, in 24 the CN zone, you're allowed to have a zero side 25 yard setback. However, if you provide a setback,  31 1 it's supposed to be five feet, we're at four feet. 2 So keep in mind, we could have done zero, we're at 3 four feet. And, again, this is a preexisting 4 nonconformity. There's a preexisting 5 nonconformity for street parking. We would 6 require eight parking spaces based on the existing 7 commercial space, plus the four parking spaces for 8 the apartments. This is a preexisting building, 9 there's no place to accommodate parking on this 10 site, it is a hardship for our client. We ask for 11 a variance on parking as well. 12 Beyond that, there are no additional 13 variances. It is a two-story structure, you could 14 see from the photograph the way it's configured 15 now. We're simply requesting the Board to 16 recognize its preexisting nonconformity status and 17 let the applicant finish their work. 18 MR. CHEWCASKIE: So just a couple 19 questions, Mr. Pereiras. The renovations to 20 create the units on the upper level does not 21 create any increased height in the building, it's 22 all done internally? 23 MR. PEREIRAS: Correct. These are 24 preexisting spaces and it's all internal, we're 25 not adding a floor.  32 1 CHAIRPERSON VELAZQUEZ: Do you know you 2 gain two parking spaces with the loading zone? 3 MR. PEREIRAS: No, the commercial space 4 on the ground floor is still there. 5 CHAIRPERSON VELAZQUEZ: The bakery is 6 the same? 7 MR. PEREIRAS: They wanted to keep the 8 bakery. 9 CHAIRPERSON VELAZQUEZ: I thought they 10 were converting commercial -- 11 MR. CHEWCASKIE: No. The bakery stays, 12 it's basically a two-and-a-half-story structure, 13 should I say that and that's why it's -- 14 MR. PEREIRAS: It's deceiving from -- 15 MR. CHEWCASKIE: It's deceiving when you 16 look at the picture. So there's no additional 17 height to the building, the bakery is on the first 18 level, then you have two units above that. 19 MR. PEREIRAS: Correct. 20 MR. CHEWCASKIE: So you will have three 21 levels and I won't say stories. 22 MR. PEREIRAS: Correct. 23 CHAIRPERSON VELAZQUEZ: They're not 24 going to close the bakery? That's what I heard. 25 MR. PEREIRAS: Not that I know of.  33 1 MS. MOREJON: I haven't seen it for a 2 long time. 3 CHAIRPERSON VELAZQUEZ: That's why I was 4 a little confused. I thought they were converting 5 a bakery -- 6 MS. PEREIRAS: They're not working it? 7 MR. PEREIRAS: Actually my drawings say 8 conversion of the commercial space -- no, no. I'm 9 sure what I'm saying. So if you look at the rear 10 of the building, which is this facade that you can 11 see here. Actually this is the front elevation. 12 There are clearly multiple stories above, they're 13 simply not visible in the existing framing. But 14 we have new window openings. Those are the two 15 apartments that we're legalizing. The commercial 16 space is going to stay. 17 CHAIRPERSON VELAZQUEZ: Just for record, 18 I'm just reading from the agenda. It says 19 applicant proposes conversion of commercial space 20 into two apartments. 21 MS. PEREIRAS: Because the entire 22 building is commercial, according to the building 23 department. 24 CHAIRPERSON VELAZQUEZ: Got it. 25 MR. CHEWCASKIE: Right. And the  34 1 building department confirmed that this structure 2 was one commercial and one residential unit prior. 3 So the approval here is basically the additional 4 residential unit, which seemed to exist anyway. 5 MR. PEREIRAS: It does. 6 MR. OSEGUERA: I guess I have a question 7 about the final level. At least from the physical 8 drawing, it looks really small, is that a normal 9 height unit? 10 MR. PEREIRAS: So if you refer to sheet 11 Z02, there's an elevation. And in that elevation, 12 I'm showing the dashed line which is the floor 13 level, and a dashed line above which is the 14 ceiling level. That dashed line at the ceiling 15 level is eight feet, so it is a typical eight foot 16 ceiling. There is a tapering on the sides, but 17 it's very minor. 18 MR. OSEGUERA: Okay. 19 MR. PEREIRAS: And the bakery use is 20 conforming in this district, so that's a permitted 21 use. 22 CHAIRPERSON VELAZQUEZ: Does the Board 23 have any questions? Anybody from the public? 24 MR. CHEWCASKIE: If the Board is 25 inclined to approve the application, the  35 1 residential units must conform to the standard 2 conditions that we attach to every residential. 3 CHAIRPERSON VELAZQUEZ: On that note, I 4 make a motion to approve. 5 MR. VALLEJO: Motion to approve the 6 application by Mr. Velazquez. 7 MR. GUARENO: Second. 8 MR. VALLEJO: Seconded by Mr. Guareno. 9 Roll call on the motion to approve this 10 application. 11 Mr. Velazquez. 12 CHAIRPERSON VELAZQUEZ: Yes. 13 MR. VALLEJO: Ms. Genao. 14 MS. GENAO: Yes. 15 MR. VALLEJO: Ms. Morejon. 16 MS. MOREJON: Yes. 17 MR. VALLEJO: Mr. Guareno. 18 MR. GUARENO: Yes. 19 MR. VALLEJO: Mr. Oseguera. 20 MR. OSEGUERA: Yes. 21 MR. VALLEJO: Five in favor, motion 22 passes. 23 MS. PEREIRAS: Thank you all very much. 24 * * * * 25  36 1 ADOPTION OF RESOLUTIONS: 2 ADDRE, LLC - 3 525-531 32ND STREET: 4 5 MR. CHEWCASKIE: Did we add that 6 resolution that I sent you? 7 MR. VALLEJO: Which one? 8 MR. CHEWCASKIE: 531 32nd Street, there 9 was a typo in the resolution, so we did an amended 10 resolution on that. I would ask the Board -- I'll 11 tell the Board exactly what we did is we prepared 12 an amended resolution because the resolution that 13 was adopted on 2015 was not clear. It indicated 14 side yards of five feet, where the side yards were 15 five feet on the west and zero feet on the east. 16 I requested Mr. Vallejo to get me the 17 drawings. I reviewed the drawings, I checked the 18 resolution, I checked Mr. Spatz's report, and the 19 resolution was incorrect. 20 So I'd ask the Board to make a motion to 21 approve the resolution amending -- there's no 22 number on it. This is ADRRE, LLC, 525 to 531 32nd 23 street to amend the resolution solely to correct 24 the side yards at zero feet and five feet. 25 MR. VALLEJO: Thank you. Can I have a  37 1 motion? 2 CHAIRPERSON VELAZQUEZ: I make a motion. 3 MR. GUARENO: Second. 4 MR. VALLEJO: Motion by Mr. Velazquez, 5 seconded by Mr. Guareno to approve the amended 6 resolution. Roll call on the motion. 7 Mr. Velazquez. 8 CHAIRPERSON VELAZQUEZ: Yes. 9 MR. VALLEJO: Ms. Genao. 10 MS. GENAO: Yes. 11 MR. VALLEJO: Ms. Morejon. 12 MS. MOREJON: Yes. 13 MR. VALLEJO: Mr. Guareno. 14 MR. GUARENO: Yes. 15 MR. VALLEJO: Mr. Oseguera. 16 MR. OSEGUERA: Yes. 17 MR. VALLEJO: Five in favor, motion 18 carries. 19 CHAIRPERSON VELAZQUEZ: Thank you. 20 MR. CHEWCASKIE: So I did a written 21 resolution, I did email it to Carlos, maybe it got 22 lost somewhere, but I will check that. But the 23 resolution says exactly what we just discussed, 24 it's a short resolution. So we will have that for 25 Alex's signature.  38 1 ADJOURNMENT: 2 3 MR. VALLEJO: Anything else? Can I have 4 a motion to close the tonight's meeting? 5 CHAIRPERSON VELAZQUEZ: Motion. 6 MS. MOREJON: Second. 7 MR. VALLEJO: Motion by Mr. Velazquez. 8 Second by Ms. Morejon. All in favor? 9 10 (Whereupon, all Board Members indicate 11 in the affirmative.) 12 13 (Whereupon the meeting was adjourned at 14 6:37 p.m.) 15 16 17 18 19 20 21 22 23 24 25  39 1 C E R T I F I C A T E 2 3 4 5 6 I HEREBY CERTIFY that the foregoing is a 7 true and accurate transcript of the testimony and 8 proceedings as taken stenographically by me at the 9 time, place, and on the date hereinbefore set 10 forth. 11 12 13 14 SUSAN BISCHOFF, CCR, RPR LICENSE NO. 30XI00233700 15 16 17 18 19 20 21 22 23 24 25