Planning Board - Planning Board Meeting

1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY PLANNING BOARD : TRANSCRIPT OF RECORDED REGULAR MEETING : : PROCEEDINGS ____________ ____________: City Hall 3715 Palisade Avenue Union City, New Jersey Tuesday, October 23, 2018 Commencing at 6:01 p.m. M E M B E R S P R E S E N T: YDALIA GENAO, Mayor’s Designee ALICIA MOREJON RUDY RIVERO FRANKLIN MEDINA JOSE GUARENO, Alternate No. 2 JEANNE KOEHLER, Vice Chairperson DIANE CAPIZZI, Chairperson M E M B E R S A B S E N T: BRIAN P. STACK, Mayor CELIN VALDIVIA, Commissioner CAROLINA FERNANDEZ ALEJANDRO VELAZQUEZ, Alternate No. 1 A L S O P R E S E N T: CARLOS VALLEJO, Secretary to the Board STERLING J. SANTAMARIA, ESQ., Attorney for the Board DAVID SPATZ, Consultant, Community Housing & Planning Associates, Inc.  2 A P P E A R A N C E S: JAMES J. BURKE, ESQ., Attorney for Applicant, 804 Kennedy Blvd., Antonio Valente LUIS E. DIAZ, ESQ., Attorney for Applicant, 1713 Bergenline Avenue LUIS E. DIAZ, ESQ., Attorney for Applicant, Osvaldo Toro  3 I N D E X PAGE CALL TO ORDER 6 SALUTE TO FLAG 7 ROLL CALL 7 ADOPTION OF MINUTES 9 HEARINGS 804 Kennedy Blvd. - Antonio Valente 13 Resolution of the City of Union City 38 1713 Bergenline Avenue 42 Osvaldo Toro 49 RESOLUTIONS 11 ADJOURNMENT 53  4 I N D E X 804 Kennedy Blvd. - Antonio Valente WITNESS PAGE Demetrios Kaltsis 15 SWORN PUBLIC Larry Price 34  5 I N D E X 1713 Bergenline Avenue WITNESS PAGE Abbas Shah 43  6 1 THE SECRETARY: May I have your attention, 2 please? 3 Please take notice that on Tuesday, October 4 23rd, 2018, at six p.m., a Regular Meeting is 5 scheduled for the City of Union City Planning 6 Board, to be held in the Municipal Chambers of 7 the City Hall, 3715 Palisade Avenue, Union City, 8 New Jersey. 9 This is a meeting called in compliance with 10 Chapter 231, Public Law 1975 of the Open Public 11 Meeting Act. 12 Notice of this meeting has been provided as 13 follow: 14 Notice of this meeting, setting forth the 15 time, date, location and the agenda, to the 16 extent known, was forwarded to The Jersey 17 Journal, The Record, and The Hudson Reporter, has 18 been posted on -- on the bulletin board of the 19 City Hall, and has been available to the public 20 in the City -- of the Office of Municipal Clerk. 21 Before we call roll for this evening 22 meeting, will everybody kindly rise to salute the 23 flag? 24 25  7 1 (Whereupon, the Pledge of Allegiance was 2 said by all.) 3 4 THE SECRETARY: Thank you. 5 6 ROLL CALL: 7 8 THE SECRETARY: Roll call for tonight’s 9 meeting. 10 Mayor Brian P. Stack? Absent. 11 Diane Capizzi? 12 CHAIRPERSON CAPIZZI: Here. 13 THE SECRETARY: Jeanne Koehler? 14 VICE CHAIRPERSON KOEHLER: Here. 15 THE SECRETARY: Ydalia Genao? 16 MS. GENAO: Yes. 17 THE SECRETARY: Commissioner Celin 18 Valdivia? Absent. 19 Carolina Fernandez? Absent. 20 Rudy Rivero? 21 MR. RIVERO: Here. 22 THE SECRETARY: Franklin Medina? 23 MR. MEDINA: Here. 24 THE SECRETARY: Alicia Morejon? 25 MS. MOREJON: Yes.  8 1 THE SECRETARY: Alejandro Velazquez? 2 Absent. 3 Jose Guareno? 4 MR. GUARENO: Here. 5 THE SECRETARY: Let the record indicate 6 there are seven present. 7 We have a full quorum for tonight’s 8 meeting. 9 * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  9 1 ADOPTION OF MINUTES: 2 3 ( 1) Regular Meeting held on September 25, 2018 4 5 THE SECRETARY: Adoption of the previous 6 meeting held on September 25th, 2018. 7 Can I have a motion? 8 CHAIRPERSON CAPIZZI: I’ll make a motion. 9 THE SECRETARY: Motion by Ms. Capizzi. 10 Any second the motion? 11 Motion on the table -- 12 MR. GUARENO: Second. 13 THE SECRETARY: Mr. Guareno. 14 Roll call on the motion. 15 Ms. Capizzi? 16 CHAIRPERSON CAPIZZI: Yes. 17 Yes. 18 THE SECRETARY: Thank you. 19 Ms. Koehler? 20 VICE CHAIRPERSON KOEHLER: Yes. 21 THE SECRETARY: Ms. Genao? 22 MS. GENAO: Yes. 23 THE SECRETARY: Mr. Medina? 24 MR. MEDINA: Yes. 25 THE SECRETARY: Ms. Morejon?  10 1 MS. MOREJON: Yes. 2 THE SECRETARY: Mr. Rivero? 3 MR. RIVERO: Yes. 4 THE SECRETARY: Mr. Guareno? 5 MR. GUARENO: Yes. 6 THE SECRETARY: Seven in favor. 7 Motion carries. 8 * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  11 1 RESOLUTIONS: 2 3 ( 1) 14th Street Associates, LLC, 413-417 14th 4 Street, Block 64, Lots 22, 23, 24. Applicants 5 propose to construct a new three family dwelling 6 on each of the above noted vacant lots. Approved 7 ( 2) Jing Zhang, 1012 Palisade Ave., Block 186, 8 Lot 42. Applicant proposes the legalization of a 9 ground floor apartment to convert from a two 10 family to three families. Applicant also 11 proposes the addition of a stair bulkhead. 12 Approved 13 14 THE SECRETARY: We have two Resolution on 15 tonight’s -- on tonight’s agenda. 16 Resolution number 1. 17 14th Street Association (sic) LLC, 1413- 18 1417 (sic) 14th Street. 19 This Resolution has been carried to next 20 meeting, that will be on November 27. 21 (Whereupon, there was a pause in the 22 proceedings.) 23 THE SECRETARY: Resolution number 2. 24 1012 Palisade Avenue, Block 186, Lot 42. 25 Can I have a motion to adopt this  12 1 Resolution? 2 CHAIRPERSON CAPIZZI: I’ll make a motion. 3 THE SECRETARY: Motion by Ms. Capizzi. 4 Any second the motion? 5 MR. GUARENO: Second. 6 THE SECRETARY: Mr. Guareno. 7 Roll call on the motion. 8 Ms. Capizzi? 9 CHAIRPERSON CAPIZZI: Yes. 10 THE SECRETARY: Ms. Koehler? 11 VICE CHAIRPERSON KOEHLER: Yes. 12 THE SECRETARY: Ms. Genao? 13 MS. GENAO: Yes. 14 THE SECRETARY: Mr. Medina? 15 MR. MEDINA: Yes. 16 THE SECRETARY: Ms. Morejon? 17 MS. MOREJON: Yes. 18 THE SECRETARY: Mr. Rivero? 19 MR. RIVERO: Yes. 20 THE SECRETARY: Mr. Guareno? 21 MR. GUARENO: Yes. 22 THE SECRETARY: Seven in favor. 23 Motion carries. 24 * * * 25  13 1 804 Kennedy Blvd. - Antonio Valente: 2 3 THE SECRETARY: All right. 4 We have the first application on tonight’s 5 agenda, 804 Kennedy Boulevard, Antonio Valente. 6 Mr. Burke, please? 7 MR. BURKE: Good evening. 8 MR. SANTAMARIA: Good evening. 9 MR. BURKE: Jim Burke. I’m representing 10 the applicant. 11 I’ll hand the notices -- 12 MR. SANTAMARIA: Yes. 13 MR. BURKE: We did send in the original to 14 the Board’s Secretary. 15 MS. DILLON: Mr. Burke, if you could just 16 hold up one second -- 17 MR. BURKE: Oh, I’m sorry. 18 MS. DILLON: -- until the siren passes. 19 MR. BURKE: Certainly. 20 (Whereupon, there was a pause in the 21 proceedings.) 22 MR. BURKE: Are we good? 23 MS. DILLON: Yes. 24 MR. BURKE: Okay. All right. 25 Thank you.  14 1 Again, I’m Jim Burke. I’m representing the 2 applicant. 3 And first, thank you for the courtesy of 4 allowing me to appear first, since I serve as the 5 Board Attorney for Weehawken, and we start at 6 seven o’clock, generally more like 7:30, but I’ll 7 have plenty of time to get -- I hope to have 8 plenty of time to get over there. 9 The matter tonight is for a minor site 10 plan. And there’s a number of preexisting 11 variances, but in essence, what the -- the 12 applicant proposes to do is take a two 13 residential, one commercial unit building, 14 convert that into a three residential building. 15 I understand the commercial use is 16 nonconforming in the zone at this point. And 17 basically, there’s no other variances except the 18 -- the rear setback is already there, but it will 19 be intensified because the back of the building 20 will be rounded out and the -- the architect will 21 explain that in greater detail. 22 So, we have one witness tonight. 23 (Whereupon, there was a pause in the 24 proceedings.) 25 MS. DILLON: Please raise your right hand.  15 1 Do you affirm the testimony you’re about to 2 give this Board is the whole truth? 3 MR. KALTSIS: I do. 4 MS. DILLON: Please state your name and 5 spell it for the record. 6 MR. KALTSIS: It’s Demetrios Kaltsis. 7 Last name is spelled K-A-L-T-S-I-S. 8 MS. DILLON: Thank you. 9 MR. BURKE: And you’re a licensed architect 10 in the State of New Jersey. 11 MR. KALTSIS: Yes, I am. 12 MR. BURKE: And you’ve appeared before this 13 Board and other Boards in Hudson County. 14 MR. KALTSIS: Yes, I have. 15 MR. BURKE: All right. 16 I would ask that you accept him as an 17 expert in -- 18 CHAIRPERSON CAPIZZI: Sure. 19 MR. BURKE: -- architecture. 20 CHAIRPERSON CAPIZZI: Yes. 21 MR. BURKE: All right. 22 CHAIRPERSON CAPIZZI: Thank you. 23 MR. BURKE: Thank you very much. 24 All right. 25 So, I’ve given a brief description. I’d  16 1 like you to just walk through your plans and 2 describe what’s proposed. 3 MR. KALTSIS: Sure. 4 The -- this property is located on the 5 eastern side of Kennedy Boulevard. 6 The property is 25 feet wide by 84.75 feet 7 in depth on the southern side, and 80 feet point 8 nine six on the -- on the northern side. 9 There’s a -- an existing building on the 10 property. It’s a -- it’s a three -- three unit 11 mixed use building, consisting of two floors. 12 Sheet A-1 has an existing building photo at the 13 top of the page. 14 THE SECRETARY: Mr. Burke, allow me one 15 second, please. 16 Go ahead, sir. 17 MR. SANTAMARIA: Oh, yes. 18 Thank you. 19 So, Chairman, I have had an opportunity to 20 review the submissions by counsel and everything 21 seems to be in order, giving jurisdiction to this 22 Board on this matter. 23 MR. BURKE: Thank you. 24 MR. SANTAMARIA: No problem. 25 THE SECRETARY: Go ahead, Mr. Burke.  17 1 MR. KALTSIS: So, sheet A-1 depicts the -- 2 the existing building on the top of the page. 3 It’s a two story structure that has a brick 4 façade on the first floor and a white siding 5 finish on the second floor. 6 The building, on the first floor, has a 7 small retail or a commercial space that is 8 approximately 250 to 300 square feet. There’s a 9 residential dwelling unit directly behind the 10 commercial space, consisting of one bedroom, one 11 bathroom. 12 And the second floor consists of one large 13 unit, with two bedrooms in the rear, one small 14 bedroom located towards the front, and then a 15 single bathroom. 16 This building has one -- one means of 17 egress, which is a central access stairway 18 leading to the entrance lobby in the front of the 19 building. 20 There’s also an existing basement that is 21 currently unfinished and houses the utilities for 22 the building. 23 As was stated previously, this is a -- this 24 is a nonconforming use, as far -- with regards to 25 the -- the retail component or the commercial  18 1 space. And what we are proposing to do is to add 2 two -- two additional floors to the existing 3 structure, and convert from a mixed use building, 4 with one commercial space and two residential 5 units to three residential units. 6 And if I may, starting on sheet A-2, this 7 depicts the floor plans of the proposed 8 alteration. 9 The ground floor, which is seen here in the 10 center, has a separate entrance from the -- from 11 the front. There’s essentially a large open 12 space -- space with an L shaped kitchen, dining 13 room area and living space in the front. And 14 then, two bedrooms in the rear, one of which is a 15 master bedroom suite that has a full bath and 16 walk-in closet. And the other bedroom has access 17 to a full bath located off of the common hallway 18 in the center. 19 There are also a washer and dryer, 20 stackable unit, in the center, directly behind 21 the -- the stairwell. 22 The other entrance door on the front façade 23 leads you to an entrance foyer, and then stairs 24 leading up to the second unit, which also has two 25 bedrooms located to the rear, but has one  19 1 additional bedroom in the front wall of the -- of 2 the footprint. 3 Also, we have a large open space, with an L 4 shaped kitchen, living room and dining room above 5 the -- the same areas on the first floor. 6 All of the bathrooms, as you could see 7 here, are also aligned as well. And it’s a very 8 similar layout to the first floor. 9 Leading up -- continuing up on that same 10 stairwell and on the following page, on sheet 11 A-3, is the third unit, which is also similar in 12 -- in layout with all of the -- the bathrooms and 13 kitchen areas aligning with the floors below. 14 We also have some central utilities in this 15 area and then, also, a large open space in the 16 front with a kitchen, living, dining room area. 17 Again, two bedrooms in the back that aligns with 18 the units directly below. 19 We also have that additional floor that is 20 accessed from an interior stairwell from this 21 dwelling unit. And that you could see here. 22 Essentially, we have a master suite at this 23 floor, in the rear portion, with its own bath and 24 walk-in closet, and then just a sitting room area 25 directly in front, which has access to a rooftop  20 1 terrace that has views looking to the west. 2 Moving on to sheet A-4, this sheet depicts 3 the front side and rear elevations of the 4 proposed addition for the project. The only 5 difference with this plan, with what you have is 6 that this is a color rendition of the front 7 façade, just so you can get a sense of the 8 finished materials. 9 It is a modern finish that we’re proposing 10 with -- with more contemporary materials. We 11 have large glass windows in the front. We have 12 an aluminum panel that frames those large -- 13 large windows. An IPE wood finish on the ground 14 floor, and then a stucco finish, which defines 15 the entrance for the dwelling units. 16 This upper floor is set back from the -- 17 from the lower floors, so even though in -- in 18 front elevation it looks to be a four story, in 19 -- in actuality, when you’re standing on the 20 street here, you will not see this -- this upper 21 floor because it is set back significantly from 22 the front façade, as you could see here. 23 So, regards to the sides and the rear, we 24 just have a simple finish as far as the material. 25 It’s just a siding finish and then a -- a stucco  21 1 finish on the ground floor. 2 With regards to the variances that we’re 3 seeking relief for, all of them are preexisting 4 and nonconforming, and they include variance for 5 minimum lot width, where 50 feet is required. We 6 are -- we have only a width of 25 feet. Lot 7 depth of 100 feet. We currently have 80.86. 8 Minimum lot area, 5,000 is required, we have 9 2,070 square feet. 10 We need a variance for front, side and rear 11 yard setback, where the existing is 4.06 in the 12 front, .36 and .88 feet on the sides, and then 13 21.3 feet in the rear, all of which will remain 14 the same, with the exception of the rear, we are 15 -- we are actually increasing it slightly to 16 22.8, improving the rear yard setback. 17 Although we’re expanding on the volume, 18 we’re -- we’re pushing it further away from the 19 property line in the rear. 20 And then, parking, where four parking 21 spaces is required, we have none, as the building 22 currently doesn’t have any and we will continue 23 that, as well. 24 MR. BURKE: Just for that rear yard 25 setback, why don’t you just -- if you can  22 1 demonstrate how you’re sort of rounding that off 2 in the back, so the Board understands that. 3 MR. KALTSIS: So -- so the existing -- 4 MR. BURKE: Presently, it’s jutting out. 5 There’s a piece jutting out. 6 Correct? 7 MR. KALTSIS: This is the existing 8 footprint of the structure. You could see this 9 -- this bump out here, on the left hand side, in 10 the back. This -- this piece here is 21.3 feet 11 away from the property line in the back. We are 12 essentially proposing to square this corner off, 13 but in doing so, we’re going to move away from 14 the property line about a foot, so that we’re 15 22.8 feet away from the property line in the 16 back. 17 MR. BURKE: All right. 18 And the benefit you see to this project 19 would be an attractive façade, it’s a very 20 attractive building. 21 MR. KALTSIS: Yes. 22 We feel that this is a -- a significant 23 improvement over what’s there now. 24 We’re eliminating a nonconforming 25 commercial use, which -- which currently exists.  23 1 And we’re replacing it with -- you know, an 2 outdated building with something that is -- that 3 is much nicer and I think, overall, is a 4 significant improvement. 5 MR. BURKE: And as far as rounding off the 6 back, you don’t see any substantial detriment to 7 doing that, do you? 8 MR. KALTSIS: I do not. 9 MR. BURKE: Okay. 10 Thank you. 11 No other questions. 12 CHAIRPERSON CAPIZZI: And there’s a means 13 of egress in the back of the building. 14 MR. KALTSIS: No -- no, there is not. It’s 15 a -- 16 CHAIRPERSON CAPIZZI: Where -- 17 MR. KALTSIS: -- single -- single exit from 18 the front. 19 CHAIRPERSON CAPIZZI: Is there another 20 means of egress? 21 MR. KALTSIS: No, there’s not. 22 We -- we don’t exceed the maximum travel 23 distances required to have a structure with -- 24 with a single means of egress. Although -- 25 although that is the case, being that it’s three  24 1 dwelling units, this will have a -- a sprinkler 2 system, as well as fire rated floor and wall 3 separations between the dwelling units, so it 4 would be a much safer building than what is there 5 -- what is there now. 6 CHAIRPERSON CAPIZZI: I understand that, 7 but I thought that buildings -- I don't know, 8 correct me if I’m wrong, do buildings have to 9 have two means of egress? 10 MR. SPATZ: Usually we would leave that up 11 to the Building Department to determine, based on 12 the -- 13 CHAIRPERSON CAPIZZI: Okay. 14 MR. SPATZ: -- the composition of the 15 construction. If they require them to put in a 16 second means of -- 17 CHAIRPERSON CAPIZZI: Okay. 18 MR. SPATZ: -- egress and they can do it 19 without changing any of the variances, then they 20 could handle that through the Building 21 Department. If it would cause them to make any 22 changes to the plans, then they’d have to come 23 back here. 24 CHAIRPERSON CAPIZZI: Come back? 25 Okay.  25 1 MR. SPATZ: But the Building Department 2 will -- will determine that. 3 CHAIRPERSON CAPIZZI: Any lighting in the 4 front or the back or the side? 5 MR. KALTSIS: We don’t have any lighting on 6 the side. There’s no room with -- with the side 7 yard setbacks. 8 There will be lighting in the front. 9 Although we do not show the -- the photometrics, 10 we will ensure that whatever lighting on the wall 11 is provided, the -- the lighting will not 12 overflow off the property line and it would be 13 solely directed to -- to the front yard. 14 CHAIRPERSON CAPIZZI: And why did you 15 choose stucco on the bottom, on the side? 16 MR. KALTSIS: It’s not -- it’s really just 17 a cement -- 18 CHAIRPERSON CAPIZZI: Oh. 19 MR. KALTSIS: -- parge finish. 20 CHAIRPERSON CAPIZZI: Questions? 21 VICE CHAIRPERSON KOEHLER: I actually have 22 a question for David. 23 MR. SPATZ: Yes. 24 VICE CHAIRPERSON KOEHLER: If it’s -- it’s 25 now going to be a four story, so --  26 1 MR. SPATZ: Correct. 2 VICE CHAIRPERSON KOEHLER: -- at what point 3 does the requirement for a fire escape kick in? 4 MR. SPATZ: I’m -- I’m not sure. 5 Again that would be the -- 6 VICE CHAIRPERSON KOEHLER: Okay. 7 MR. SPATZ: -- Building Department review. 8 And if they require them to put the fire escape 9 on, they can. 10 MS. MOREJON: They have to -- 11 MR. SPATZ: They actually have sufficient 12 space in the backyard for that, but -- and again, 13 if it necessitated any need -- changes to the 14 plans that might effect the variances, they’d 15 have to come back here. 16 VICE CHAIRPERSON KOEHLER: Um hum. 17 MR. SPATZ: The Building Department would 18 send them back here. 19 VICE CHAIRPERSON KOEHLER: And then, 20 another question. 21 Is this -- are you demolishing what’s 22 currently there and then building on that lot? 23 MR. KALTSIS: The -- the intent is to 24 maintain what we have. 25 VICE CHAIRPERSON KOEHLER: Just the --  27 1 MR. KALTSIS: And then reinforce -- 2 VICE CHAIRPERSON KOEHLER: The core 3 structure. 4 MR. KALTSIS: -- as needed to support the 5 floors above. 6 VICE CHAIRPERSON KOEHLER: Okay. 7 MR. BURKE: The question -- 8 MS. MOREJON: Excuse me? 9 MR. BURKE: The core structure. 10 MS. MOREJON: Is the building vacant? 11 MR. KALTSIS: Yes. 12 MR. BURKE: The question was, you’re 13 keeping the core structure? 14 MR. KALTSIS: Yes. 15 MR. BURKE: Okay. 16 MS. MOREJON: Okay. 17 MR. KALTSIS: And you know, I mean, we’re 18 -- we’re going to investigate further the 19 existing structure. If there’s a need to 20 reinforce, which I’m sure there will be, we will 21 accommodate. 22 MR. GUARENO: I have a question regarding 23 the basement. 24 The proposed -- you’re going to have a full 25 bathroom there?  28 1 MR. KALTSIS: Yes. 2 MR. GUARENO: And it just -- 3 MR. KALTSIS: I -- I forgot to mention that 4 before, but yes, we are proposing a utility space 5 and a full bath in the existing basement. 6 MR. GUARENO: An unfinished basement, what 7 is that basement going to be used for? Because 8 I’m a little concerned with a full bathroom, that 9 basically that’s indicating somewhere down the 10 line, somebody’s going to build -- 11 MR. KALTSIS: Right. 12 MR. GUARENO: -- an apartment in there. 13 (Whereupon, there was a pause in the 14 proceedings.) 15 MR. KALTSIS: Take it out? 16 MR. VALENTE: But it’s attached to the 17 first floor. 18 MR. KALTSIS: Yeah. I mean, the -- the 19 only access to that -- 20 MR. VALENTE: There’s only one means of 21 egress to get -- 22 MR. KALTSIS: -- that lower level is from 23 that main -- main dwelling unit. 24 MR. VALENTE: There’s only one means to get 25 to it.  29 1 MR. KALTSIS: So, there’s no way that that 2 could possibly be rented to someone, but if the 3 Board feels the need to remove it, we don’t 4 object to it. 5 MS. MOREJON: It would be better to remove 6 it. 7 MR. BURKE: Is that a yes? 8 MS. MOREJON: Where you going to keep the 9 garbage? 10 MR. KALTSIS: Well, the garbage will be -- 11 will have to be provided, or taken out when it’s 12 -- when the garbage is picked up. 13 CHAIRPERSON CAPIZZI: But where are you 14 putting it? 15 MS. MOREJON: No, no. Where you putting 16 the garbage? 17 CHAIRPERSON CAPIZZI: Where are you storing 18 it? It’s a four story building. 19 MS. MOREJON: Yeah, -- 20 MR. KALTSIS: Right. 21 MS. MOREJON: -- it’s going to be a lot of 22 -- 23 CHAIRPERSON CAPIZZI: So, there’s going to 24 be a lot -- 25 MS. MOREJON: -- people living --  30 1 CHAIRPERSON CAPIZZI: -- of garbage. 2 MS. MOREJON: -- in that building. 3 MR. KALTSIS: We -- we didn’t -- we didn’t 4 make any provision for it. But we do have a -- 5 MS. MOREJON: That has to be done. 6 MR. KALTSIS: -- a set -- 7 CHAIRPERSON CAPIZZI: No. 8 MR. KALTSIS: -- a setback in the front 9 yard. 10 CHAIRPERSON CAPIZZI: No. It has -- there 11 has to be some kind of provision for that. 12 MS. MOREJON: I have another question. 13 Is there a tree in front of the property? 14 MR. KALTSIS: I’m sorry? 15 MS. MOREJON: Is there a tree there? A 16 tree? Is this a tree over here? A tree? 17 MR. KALTSIS: A tree? 18 MR. BURKE: Yes. 19 MS. MOREJON: Yes. 20 Like this here, you going to remove that 21 tree? 22 MR. BURKE: Tree stays? 23 Tree stays. 24 MS. MOREJON: The tree is going to stay? 25 MR. BURKE: Stays. Yeah.  31 1 MS. MOREJON: Oh, okay. 2 Good. Good. 3 CHAIRPERSON CAPIZZI: But I think you have 4 to figure out something with the garbage. 5 MR. KALTSIS: Well, we actually have, at 6 the narrowest side, on -- on the southern side of 7 the front yard is the -- is the four feet. On 8 the -- on the northern side is -- is more than 9 seven and a half feet. 10 So, we -- we can accommodate a small 11 garbage enclosure within that area to accommodate 12 -- 13 CHAIRPERSON CAPIZZI: In the front? 14 MR. KALTSIS: Yes. But it will be 15 concealed. 16 MR. GUARENO: Small. 17 MR. KALTSIS: It will be screened, it will 18 not be visible. That is one option. 19 MR. GUARENO: Each floor is one apartment? 20 MR. KALTSIS: Yes, with the exception of 21 the top two floors. It’s like -- it’s a duplex 22 type unit. 23 CHAIRPERSON CAPIZZI: Yeah, that’s a lot of 24 garbage. 25 MR. BURKE: Three units. Three units in  32 1 total. 2 MR. GUARENO: That’s going to generate 3 quite a bit of trash. So, I don't know if there 4 will be enough room in the front. 5 MS. MOREJON: So, everyone that live in 6 those apartment are going to have access to go in 7 the backyard and throw the garbage there. 8 MR. KALTSIS: No. The -- 9 MS. MOREJON: Is that what you’re saying? 10 MR. KALTSIS: -- the side yards don’t allow 11 for access from the front to go to the back. 12 MS. MOREJON: So where is going to be the 13 garbage? 14 CHAIRPERSON CAPIZZI: Can you -- 15 MR. SPATZ: Yeah. 16 MS. MOREJON: There have to be a place 17 where you can -- 18 CHAIRPERSON CAPIZZI: Sure. 19 MR. SPATZ: Demetrios, is it possible in 20 the entranceway on the ground floor, you have a 21 -- sort of a little foyer there -- 22 MR. KALTSIS: Right. 23 MR. SPATZ: -- to go up the stairs, is it 24 possible just to close off a portion of -- of 25 that?  33 1 MS. MOREJON: Under the stairs. 2 MR. SPATZ: Yeah. You know, whether it be 3 under the stairs -- 4 MR. KALTSIS: In this area? 5 MR. SPATZ: -- or enclose -- enclose some 6 of that to -- you know, create a storage room in 7 there, to keep the -- the cans inside the 8 building? 9 MR. KALTSIS: Yes. We can actually extend 10 this corridor back and utilize the space either 11 in this area here, and they’ll be completely 12 concealed and inside the building. 13 MR. SPATZ: Yeah, if you do that and then 14 they can revise the plans and before the 15 Resolution, we’ll double check that and we can 16 comment to the Board at the next meeting. 17 CHAIRPERSON CAPIZZI: Okay. Okay. 18 Are you satisfied with that? 19 MS. MOREJON: Oh, yes. 20 CHAIRPERSON CAPIZZI: Okay. 21 MR. BURKE: The applicant agrees to that. 22 CHAIRPERSON CAPIZZI: Good. 23 Anyone else have any other questions? 24 Anyone from the public? 25 Sure.  34 1 MS. DILLON: Please raise your right hand. 2 Do you affirm the testimony you’re about to 3 give this Board is the whole truth? 4 MR. PRICE: I do. 5 MS. DILLON: Please state your name and 6 address for the record. 7 MR. PRICE: Larry Price, 1006 Palisade 8 Avenue. 9 MS. DILLON: Thank you. 10 MR. PRICE: Okay. 11 Question. 12 How tall is the building? 13 MR. KALTSIS: Currently? 14 Proposed? 15 MR. PRICE: Proposed, yeah. 16 MR. KALTSIS: It’s at 40 feet. 17 MR. PRICE: Forty feet? 18 MR. KALTSIS: Yes. 19 MR. PRICE: Okay. Very good. 20 Thank you. 21 CHAIRPERSON CAPIZZI: Okay. 22 Anyone else? 23 Any other questions? 24 No? 25 Okay.  35 1 So seeing none, I’ll make a motion to 2 approve the application with the proposed changes 3 that we discussed regarding the -- 4 THE SECRETARY: Motion on the table to -- 5 CHAIRPERSON CAPIZZI: -- garbage -- 6 THE SECRETARY: -- approve this application 7 with the changes by Ms. Capizzi. 8 Any second the motion? 9 CHAIRPERSON CAPIZZI: And -- 10 I’m sorry. 11 And the bathroom in the basement -- 12 THE SECRETARY: Have to be removed. 13 CHAIRPERSON CAPIZZI: -- was to be removed. 14 THE SECRETARY: Yeah. They will need -- 15 CHAIRPERSON CAPIZZI: Okay. 16 THE SECRETARY: -- to provide revised 17 plans. 18 CHAIRPERSON CAPIZZI: Thank you. 19 THE SECRETARY: Right. All right. 20 Motion on the table to approve this 21 application by Ms. Capizzi. 22 Any second the motion? 23 Second by Ms. Morejon. 24 Roll call on the motion. 25 Ms. Capizzi?  36 1 CHAIRPERSON CAPIZZI: Yes. 2 THE SECRETARY: Ms. Koehler? 3 VICE CHAIRPERSON KOEHLER: Yes. 4 THE SECRETARY: Ms. Genao? 5 MS. GENAO: Yes. 6 THE SECRETARY: Mr. Medina? 7 MR. MEDINA: Yes. 8 THE SECRETARY: Ms. Morejon? 9 MS. MOREJON: Yes. 10 THE SECRETARY: Mr. Rivero? 11 MR. RIVERO: Yes. 12 THE SECRETARY: Mr. Guareno? 13 MR. GUARENO: Yes. 14 THE SECRETARY: Seven -- seven in favor. 15 Motion carries. 16 MR. BURKE: Okay. 17 Thank you very much. 18 CHAIRPERSON CAPIZZI: You’re welcome. 19 THE SECRETARY: Please make sure to bring 20 the -- 21 CHAIRPERSON CAPIZZI: You’re welcome. 22 THE SECRETARY: -- revised plans at least 23 ten days before the next hearing date. 24 MR. BURKE: We will have that done. 25 THE SECRETARY: Thank you.  37 1 MR. BURKE: I wanted to just thank -- thank 2 you -- 3 MR. KALTSIS: Thank you. 4 MR. BURKE: -- Board. 5 And also I’ll mention, the last time I was 6 here, I didn’t do so well. It was many years 7 ago. There was one objector. Only one. His 8 name was Congressman Menendez. So, my applicant 9 didn’t do very well that night. He was -- he was 10 a congressman then, not a senator. 11 Anyway, thank you. 12 VICE CHAIRPERSON KOEHLER: Thank you. 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25  38 1 Resolution of the City of Union City Authorizing 2 the Planning Board of the City of Union City to 3 conduct a preliminary investigation and make a 4 recommendation as to whether the property known 5 as 720 8th Street, City of Union City, New Jersey, 6 and identified on the tax map of the City as 7 Block 42, Lot 9 constitute an area in need of 8 Redevelopment pursuant to the Local Redevelopment 9 and Housing Law, N.J.S.A. 40A:12A-1 ET SEQ.: 10 11 THE SECRETARY: Item number 2 on the 12 application -- on tonight’s agenda. 13 Resolution of the City of Union City 14 Authorizing the Planning Board of the City of 15 Union City to conduct a preliminary investigation 16 and make recommendation as to whether the 17 property known as 720 8th Street, City of Union 18 City, New Jersey, identified on the tax map of 19 the City as Block 42, Lot 9 constitute an area in 20 need of redevelopment pursuant to Local 21 Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 22 et. seq. 23 Mr. Spatz, please? 24 MR. SPATZ: Okay. 25 Good evening.  39 1 The Board of Commissioners has, by 2 Resolution, asked the Planning Board to 3 investigate whether the 8th Street parking lot 4 would be considered a redevelopment area, under 5 the State statutes; a non -- a non-condemnation 6 redevelopment area. 7 So, no funds, no municipal funds will be 8 needed to purchase or develop that property. 9 Really, the only action that this Board 10 would take would be, if you see fit, is to 11 authorize me to prepare the report. 12 And then, I will have that report completed 13 for your November meeting, and I’ll make a more 14 detailed presentation at that time. 15 So, that’s really the only action I believe 16 needs to take place is to authorize me to do that 17 report. And then, I will do so. 18 CHAIRPERSON CAPIZZI: Okay. 19 So I’ll make a motion to authorize -- 20 THE SECRETARY: Motion -- 21 CHAIRPERSON CAPIZZI: -- Mr. Spatz to write 22 the report or to -- 23 THE SECRETARY: Yes. 24 CHAIRPERSON CAPIZZI: -- produce a report. 25 THE SECRETARY: Motion to authorize Mr.  40 1 Spatz to conduct the investigation and write the 2 report by Ms. Capizzi. 3 Any second on the motion? 4 Ms. Morejon. 5 MS. MOREJON: Yes. 6 THE SECRETARY: Roll call on the motion. 7 Ms. Capizzi? 8 CHAIRPERSON CAPIZZI: Yes. 9 THE SECRETARY: Ms. Koehler? 10 VICE CHAIRPERSON KOEHLER: Yes. 11 THE SECRETARY: Ms. Genao? 12 MS. GENAO: Yes. 13 THE SECRETARY: Mr. Medina? 14 MR. MEDINA: Yes. 15 THE SECRETARY: Mr. Rivero? 16 MR. RIVERO: Yes. 17 THE SECRETARY: I called Ms. Morejon 18 already. 19 Right? 20 MS. MOREJON: Excuse me? 21 THE SECRETARY: Yes. 22 MS. MOREJON: Yes. 23 THE SECRETARY: Mr. Guareno? 24 MR. GUARENO: Yes. 25 THE SECRETARY: Seven in favor.  41 1 Motion carries. 2 Thank you. 3 That was quick. 4 MR. SPATZ: Um hum. 5 Told you I’d be quick. 6 * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  42 1 1713 Bergenline Avenue: 2 3 THE SECRETARY: Hearings and applications, 4 extension. 5 Number 3. 6 1713 Bergenline Avenue. 7 Mr. Diaz? 8 MR. DIAZ: Good evening, Board members. 9 Luis Diaz for the applicant. 10 The application goes under the name of 11 N.U.I. (sic) Trust. Mr. Shah is the principal. 12 He’s present. 13 This application was approved by this Board 14 back in October of 2016. 15 It is 1713 Bergenline Avenue. Those that 16 remember the -- the neighborhood, this used to be 17 the parking garages for Melanca Trucking. 18 What was approved was the extension of the 19 building, three stories in the rear, and two 20 stories in the -- in the front. 21 Mr. Shah had a number of medical issues. 22 He had a bypass, was in the hospital and has not 23 been able to go forward with the -- with the 24 project. 25 What we need is, now that he’s in much  43 1 better health, one year extension so he can go 2 forward and proceed with the -- with the project. 3 CHAIRPERSON CAPIZZI: Um hum. 4 MR. SANTAMARIA: Sure. I’d like to ask a 5 question. 6 CHAIRPERSON CAPIZZI: Sure. 7 MR. SANTAMARIA: Where are we right now 8 with the -- with the financing for this project? 9 MR. DIAZ: Mr. Shah? 10 Mr. Shah’s an engineer. He has -- he has 11 worked on this project and I think the plans are 12 your baby? 13 MR. SHAH: Yes. 14 MS. DILLON: Let me swear him in. 15 MR. DIAZ: Sure. 16 MS. DILLON: Do you affirm the testimony 17 you’re about to give this Board is the whole 18 truth? 19 MR. SHAH: I do. 20 MS. DILLON: Would you please state your 21 name and spell it for the record? 22 MR. SHAH: Abbas Shah. First name 23 A-B-B-A-S. Last name, Shah, S-H-A-H. 24 MS. DILLON: Thank you. 25 And just keep your voice up for me.  44 1 MR. SHAH: Sorry. 2 MR. DIAZ: The question was, the finance 3 for the project. What stage are you at? 4 MR. SHAH: Actually, when this job was 5 approved, I applied for the construction loan, 6 paid my application fee and everything. And 7 then, unfortunately, I came down with severe 8 kidney problems and I had trouble walking and all 9 that. So, in and out of the hospital, they did a 10 kidney biopsy and it kind of stabilized me for a 11 few months. That kind of took us to the middle 12 of last year. 13 Then, they also, unfortunately, discovered 14 that I had heart problem. So, September last 15 year, I received open heart surgery, triple 16 bypass, and unfortunately, it takes about a year 17 for rehab and therapy and all that, which kind of 18 brings us to now. 19 And I’m ready to pick up where I left 20 everything off and I would appreciate -- you 21 know, an extension so that I could complete my 22 dream project. 23 MR. DIAZ: Mr. Shah, you own that building. 24 Is that correct? 25 MR. SHAH: Yeah. It’s owned by the trust,  45 1 which is -- was set up years ago, in my kids 2 name, and I use this -- the initial of my three 3 kids. 4 MR. DIAZ: So you have owned the -- you 5 have owned that property for a number of years 6 now. 7 MR. SHAH: Yes, 19 -- I think next year 8 will be 20 years. 9 MR. SANTAMARIA: So, then, just to -- just 10 to summarize, is the financing then still in 11 place right now for that project to continue? 12 MR. SHAH: It’s not approved. I would have 13 to just pick up where I left off. Like I said, I 14 paid my fees, I did all the paperwork, but then 15 there was some other things that I needed to do. 16 I was practically bedridden. I was like 17 ballooned up. 18 And unfortunately, when they fixed me for 19 that, this triple bypass came up. So I haven’t 20 really followed up, but I will. 21 And obviously, if I know I have an 22 extension, then I will very vigorously pursue 23 that. 24 MR. DIAZ: And if I may add, in order for 25 Mr. Shah to be able to go to the -- to the  46 1 lending institution that he had gone before, he 2 needs the -- the approval. 3 CHAIRPERSON CAPIZZI: Sure. 4 MR. DIAZ: Otherwise, the bank will not 5 even talk to him. So, you cannot put the -- the 6 carriage before the horse. 7 CHAIRPERSON CAPIZZI: Right. 8 MR. DIAZ: You got to put the horse ahead 9 and horse is getting the -- the extension. 10 CHAIRPERSON CAPIZZI: Okay. 11 All right? 12 MR. SANTAMARIA: Nothing further. 13 CHAIRPERSON CAPIZZI: Okay. 14 MR. SANTAMARIA: No. 15 CHAIRPERSON CAPIZZI: I’ll make a motion to 16 approve the -- the -- 17 THE SECRETARY: Motion to -- 18 CHAIRPERSON CAPIZZI: -- request for an 19 extension. 20 THE SECRETARY: -- approve the extension by 21 -- 22 CHAIRPERSON CAPIZZI: Sure. 23 THE SECRETARY: -- Ms. Capizzi. 24 Second by Ms. Morejon. 25 Roll call on the motion.  47 1 Ms. Capizzi? 2 CHAIRPERSON CAPIZZI: Yes. 3 THE SECRETARY: Ms. Koehler? 4 VICE CHAIRPERSON KOEHLER: Yes. 5 THE SECRETARY: Ms. Genao? 6 MS. GENAO: Yes. 7 THE SECRETARY: Mr. Medina? 8 MR. MEDINA: Yes. 9 THE SECRETARY: Ms. Morejon? 10 MS. MOREJON: Yes. 11 THE SECRETARY: Mr. Rivero? 12 MR. RIVERO: Yes. 13 THE SECRETARY: Mr. Guareno? 14 MR. GUARENO: Yes. 15 THE SECRETARY: Seven in favor. 16 Motion carries. 17 Thank you. 18 CHAIRPERSON CAPIZZI: Good luck. 19 MR. SHAH: Thank you. 20 Appreciate it -- 21 MR. DIAZ: Thank you. 22 MR. SHAH: -- very much for the 23 opportunity. 24 MR. DIAZ: Mr. Shah, it’s good to see you 25 again.  48 1 MR. SHAH: Thank you. 2 (Whereupon, there was a pause in the 3 proceedings.) 4 * * * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  49 1 Osvaldo Toro - 537 27th Street: 2 3 THE SECRETARY: Are you ready, Mr. Diaz? 4 MR. DIAZ: Yes. 5 THE SECRETARY: Next application on 6 tonight’s agenda, Osvaldo Toro, 537 27 th Street. 7 Mr. Diaz, -- 8 MR. DIAZ: Good evening, Board members. 9 THE SECRETARY: -- please? 10 MR. DIAZ: Again, Luis Diaz for the 11 applicant. 12 Before I go forward, I’m going to give 13 counsel documents in order to obtain 14 jurisdiction. 15 CHAIRPERSON CAPIZZI: Thank you. 16 (Whereupon, there was a pause in the 17 proceedings.) 18 MR. SANTAMARIA: Chairman, I’ve had 19 opportunity to review the submissions by counsel 20 and everything seems to be in order, giving the 21 jurisdiction to this Board on this matter. 22 CHAIRPERSON CAPIZZI: Okay. 23 MR. DIAZ: Thank you. 24 Before I -- I wanted to explain a little 25 bit about what is being presented, but I’m going  50 1 to ask for this -- this matter to be carried. I 2 just got a call from Mr. Izquierdo who’s the 3 architect -- 4 CHAIRPERSON CAPIZZI: Right. 5 MR. DIAZ: -- in the matter. I just got a 6 few minutes ago -- 7 CHAIRPERSON CAPIZZI: Right. 8 MR. DIAZ: -- that he had a problem and he 9 could not make it, to please excuse him. But 10 he’s not able to -- to make it. 11 I’m just going to give a small synopsis of 12 what is being proposed. 13 This is a legal, nonconforming use. Ground 14 floor supposedly is or was commercial, with a 15 three -- a three bedroom apartment on the second 16 floor. It’s a two floor building. Two family 17 house. 18 What is there now is a studio on the ground 19 floor, with a one bedroom on the ground -- on the 20 ground floor and the three bedroom on the second 21 floor. 22 So, in reality, the de facto use is the 23 three family, which is a legal use and brings the 24 property back into conformity. 25 Again, I’m just giving the synopsis of what  51 1 the application is. It is owned by Mr. Toro. 2 His family has owned this since, I believe, 1988 3 and hopefully, at the next hearing, if you grant 4 the -- the continuance, then the full 5 presentation will be in front of you. 6 CHAIRPERSON CAPIZZI: Okay. 7 So, I’ll make a motion to adjourn it. 8 When are we putting it on? 9 THE SECRETARY: Next meeting will be 10 November 27. 11 Motion on the table to adjourn this 12 application by Ms. Capizzi. 13 Any second the motion? 14 By Ms. Morejon. 15 Roll call to adjourn this application. 16 Ms. Capizzi? 17 CHAIRPERSON CAPIZZI: Yes. 18 THE SECRETARY: Ms. Koehler? 19 VICE CHAIRPERSON KOEHLER: Yes. 20 THE SECRETARY: Ms. Genao? 21 MS. GENAO: Yes. 22 THE SECRETARY: Mr. Medina? 23 MR. MEDINA: Yes. 24 THE SECRETARY: Ms. Morejon? 25 MS. MOREJON: Yes.  52 1 THE SECRETARY: Mr. Rivero? 2 MR. RIVERO: Yes. 3 THE SECRETARY: Mr. Guareno? 4 MR. GUARENO: Yes. 5 THE SECRETARY: Motion carries. 6 Seven in favor. 7 No new notice required. 8 MR. DIAZ: Thank you. 9 THE SECRETARY: Thank you, Mr. Diaz. 10 * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  53 1 ADJOURNMENT: 2 3 THE SECRETARY: There being no other 4 application on tonight’s agenda, can I have a 5 motion to close tonight’s meeting? 6 Motion by Ms. Morejon. 7 Second by Ms. Capizzi. 8 MS. MOREJON: Want to go home. 9 THE SECRETARY: Roll call on the motion. 10 Ms. Capizzi? 11 CHAIRPERSON CAPIZZI: Yes. 12 THE SECRETARY: Ms. Koehler? 13 VICE CHAIRPERSON KOEHLER: Yes. 14 THE SECRETARY: Ms. Genao? 15 MS. GENAO: Yes. 16 THE SECRETARY: Mr. Rivero? 17 MR. RIVERO: Yes. 18 THE SECRETARY: Mr. Medina? 19 MR. MEDINA: Yes. 20 THE SECRETARY: Ms. Morejon? 21 MS. MOREJON: Yes. 22 THE SECRETARY: Mr. Guareno? 23 MR. GUARENO: Yes. 24 THE SECRETARY: Seven in favor. 25 Motion carries.  54 1 CHAIRPERSON CAPIZZI: So have a nice 2 Thanksgiving. 3 THE SECRETARY: Let the record show that 4 the meeting has ended. 5 VICE CHAIRPERSON KOEHLER: Yes. 6 THE SECRETARY: Thank you. 7 Good night, everyone. 8 9 (Whereupon, the proceedings were concluded 10 at 6:37 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  55 1 STATE OF NEW JERSEY : 2 : 3 COUNTY OF ESSEX : 4 5 6 I, DEBRA A. KASZNIAK, assigned transcriber, 7 do hereby affirm that the foregoing is a true and 8 accurate transcript in the matter of the REGULAR 9 MEETING of the UNION CITY PLANNING BOARD heard on 10 Tuesday, October 23, 2018 and digitally recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and proofread by: Deborah Dillon