Zoning Board of Adjustment

1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY ZONING BOARD OF ADJUSTMENT : TRANSCRIPT OF RECORDED REGULAR MEETING : : PROCEEDINGS __________________: Union City High School Media Center 2500 Kennedy Boulevard Union City, New Jersey Thursday, January 14, 2021 Commencing at 6:05 p.m. M E M B E R S P R E S E N T: JOHN MEDINA, Arrived at 6:09 p.m. MIGUEL ORTIZ, Arrived at 6:11 p.m. ROSIO PENA, Alternate No. 1, Arrived at 6:08 p.m. GERALDINE PEREZ, Alternate No. 2 RAYMOND CETINICH, Alternate No. 3 MINDRY WATLEY, Alternate No. 4 MARGARITA GUTIERREZ, Vice Chairperson VICTOR M. GRULLON, Chairperson M E M B E R S A B S E N T: LIBERO MAROTTA DAVID W. PRESSEY A L S O P R E S E N T: CARLOS VALLEJO, Secretary to the Board TOMAS R. PANEQUE, ESQ., Board Attorney DAVID SPATZ, Consultant Community Housing and Planning Associates  2 A P P E A R A N C E S: ALAIN MULKAY, ESQ., Attorney for Applicant, 1410 Palisade Avenue, LLC BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, Agustin Gonzalez  3 I N D E X PAGE CALL TO ORDER 6 SALUTE TO FLAG 8 ROLL CALL 6 RE-ORGANIZATION MEETING 9 Election of Chairperson 9 Election of Vice Chairperson 10 ADOPTION OF MINUTES 14 HEARINGS 1401 Palisade Avenue, LLC 16 Agustin Gonzalez 56 ADJOURNMENT 81  4 I N D E X 1410 Palisade Avenue, LLC 1410-1418 Palisade Avenue WITNESS PAGE Jose Carballo 19 Gautam Sagi 33  5 I N D E X Agustin Gonzalez - 824 28th Street WITNESS PAGE Manuel Pereiras 59 SWORN PUBLIC Irma Umana 64  6 1 THE SECRETARY: May I have your attention, 2 please? 3 Please take notice that -- please take 4 notice that on Thursday, January 14, 2021, at six 5 p.m., a Regular Meeting is scheduled for the 6 Union City Board of Adjustment, to be held in the 7 Union City High School located at 2500 John F. 8 Kennedy Boulevard, Union City, New Jersey. 9 Adequate notice of this meeting has been 10 provided as follow: 11 Notice of this meeting, setting forth the 12 time, date, location, to the agenda, to the 13 extent known, was forwarded to The Jersey 14 Journal, The Record and The Hudson Reporter, has 15 been posted on the bulletin board in City Hall, 16 and also in the high school, and has been made 17 available to the public in the office of the 18 Municipal Clerk. 19 20 ROLL CALL: 21 22 THE SECRETARY: Roll call for tonight’s 23 meeting. 24 Victor Grullon? 25 MR. GRULLON: Here.  7 1 THE SECRETARY: Libero Marotta? 2 Absent. 3 Margarita Gutierrez? 4 MS. GUTIERREZ: Here. 5 THE SECRETARY: Miguel Ortiz? 6 Is absent. 7 David Pressey? 8 Absent. 9 John Medina? 10 Is absent. 11 Rosio Pena? 12 Absent. 13 Geraldine -- Geraldine Perez? 14 MR. PEREZ: Here. 15 THE SECRETARY: Raymond Cetinich? 16 MR. CETINICH: Here. 17 THE SECRETARY: Mindry Watley? 18 MS. WATLEY: Here. 19 THE SECRETARY: Let the record indicate 20 that there are five present. 21 So, we have a full -- full quorum of 22 members. 23 Before we -- we go for roll call, can 24 everybody kindly rise to salute the flag, please? 25  8 1 2 (Whereupon, the Pledge of Allegiance was 3 said by all.) 4 5 THE SECRETARY: Thank you. 6 Roll call (sic). Okay. 7 8 * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  9 1 RE-ORGANIZATION MEETING TO ELECT CHAIRPERSON AND 2 VICE CHAIRPERSON: 3 4 THE SECRETARY: We are going now for -- 5 it’s Reorganization Meeting to elect Chair and 6 Vice Chairperson. 7 8 ELECTION OF CHAIRPERSON: 9 10 THE SECRETARY: Can -- can I have a motion 11 to nominate a Chairperson? 12 I need a nomination to -- 13 MR. PANEQUE: Nominate a Chairperson -- 14 THE SECRETARY: Motion to nominate a 15 Chairperson. 16 MR. PANEQUE: Do we have a motion to 17 nominate a Chairperson? 18 MS. PEREZ: I nominate Victor Grullon. 19 THE SECRETARY: Motion to nominate by Mrs. 20 Geraldine Perez to Mr. Grullon be the 21 Chairperson. 22 Any second the motion? 23 MS. GUTIERREZ: I make a second. 24 THE SECRETARY: Seconded by Ms. Gutierrez. 25 Any other nomination?  10 1 Seeing none. 2 Can I have a motion –- 3 Can I have roll call on the motion? 4 Mr. Grullon? 5 MR. GRULLON: Yes. I accept, yes. 6 THE SECRETARY: Ms. Gutierrez? 7 MS. GUTIERREZ: Yes. 8 THE SECRETARY: Ms. Perez? 9 MS. PEREZ: Yes. 10 THE SECRETARY: Mr. Cetinich? 11 MR. CETINICH: Yes. 12 THE SECRETARY: Ms. Watley? 13 MS. WATLEY: Yes. 14 THE SECRETARY: Five in favor. 15 Motion carries. 16 Congratulations, Mr. Grullon, as the 17 Chairperson. 18 CHAIRPERSON GRULLON: Thank you. 19 Thank you. 20 21 ELECTION OF VICE CHAIRPERSON: 22 23 THE SECRETARY: Can I have a motion to 24 nominate the Vice -- Vice Chairperson? 25 CHAIRPERSON GRULLON: I make a motion to  11 1 nominate Margarita Gutierrez. 2 THE SECRETARY: Motion by Mr. Grullon -- 3 CHAIRPERSON GRULLON: As the Vice Chair. 4 THE SECRETARY: -- to nominate Ms. 5 Gutierrez. 6 7 (Whereupon, Rosio Pena arrived at 6:08 8 p.m.) 9 10 THE SECRETARY: Let the record reflect that 11 we have six members at this time; Ms. Pena joined 12 the meeting. 13 MS. PENA: Good evening. 14 MR. PANEQUE: Good evening. 15 THE SECRETARY: Motion to -- 16 Okay. Let me just go back to business. 17 Mr. Grullon nominate Ms. Gutierrez as the 18 Vice Chairperson. 19 Can I have a second? 20 MS. PEREZ: Second. 21 THE SECRETARY: Seconded by Ms. Perez. 22 Any other nomination? 23 Seeing none. 24 Roll call on the motion. 25 Ms. Gutierrez?  12 1 MS. GUTIERREZ: Yes. I accept the 2 nomination. 3 THE SECRETARY: Mr. Grullon? 4 CHAIRPERSON GRULLON: Yes. 5 THE SECRETARY: Ms. Perez? 6 MS. PEREZ: Yes. 7 THE SECRETARY: Ms. Pena? 8 MS. PENA: Yes. 9 THE SECRETARY: Mr. Cetinich? 10 MR. CETINICH: Yes. 11 THE SECRETARY: Ms. Watley? 12 MS. WATLEY: Yes. 13 THE SECRETARY: Six in favor. 14 Motion carries. 15 Congratulations, Ms. Gutierrez, as the Vice 16 Chairperson. 17 VICE CHAIRPERSON GUTIERREZ: Thank you. 18 19 (Whereupon John Medina arrived at 6:09 20 p.m.) 21 22 MR. MEDINA: Hi, everyone. 23 THE SECRETARY: All right. Welcome, Mr. 24 Medina. 25 MR. PANEQUE: Mr. Medina.  13 1 THE SECRETARY: Let the record reflect that 2 Mr. Medina joined the meeting. 3 We have seven members now. 4 * * * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  14 1 ADOPTION OF MINUTES: 2 3 ( 1) Special Meeting Held on December 17, 2020 4 5 (Whereupon, there was a pause in the 6 proceedings.) 7 THE SECRETARY: Approval of previous 8 meeting minutes -- 9 CHAIRPERSON GRULLON: Motion. 10 THE SECRETARY: -- from December 17, 2020. 11 Can I have a motion? 12 CHAIRPERSON GRULLON: Make a motion. 13 Motion to approve minutes. 14 THE SECRETARY: Motion by Mr. Grullon. 15 VICE CHAIRPERSON GUTIERREZ: I’m seconding. 16 THE SECRETARY: Seconded by Ms. Gutierrez. 17 Roll call on the motion. 18 Mr. Grullon? 19 CHAIRPERSON GRULLON: Yes. 20 THE SECRETARY: Ms. Gutierrez? 21 VICE CHAIRPERSON GUTIERREZ: Yes. 22 THE SECRETARY: Ms. Pena? 23 MS. PENA: Yes. 24 THE SECRETARY: Ms. Perez? 25 MS. PEREZ: Yes.  15 1 THE SECRETARY: Ms. Watley? 2 MS. WATLEY: Yes. 3 THE SECRETARY: Five in favor. 4 Motion carries. 5 * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  16 1 1410 PALISADE AVENUE, LLC - 2 1410-1418 PALISADE AVENUE: 3 4 THE SECRETARY: Okay. 5 Item number 1, hearing, application and 6 revisions. 7 1410 Palisade Avenue, LLC, 1410-1418 8 Palisade Avenue. 9 Mr. Mulkay, please? 10 MS. DILLON: Mr. Mulkay, can you go to this 11 podium? 12 MR. MULKAY: (Indiscernible). 13 MS. DILLON: Yeah. 14 Thank you. 15 MR. MULKAY: Good evening, Mr. Chairman, 16 members of the Board. 17 Alain Mulkay from Mulkay and Rendo on 18 behalf of 1410 Palisade Avenue, LLC. 19 We’re here -- this is a project that was 20 approved back in 2009. The -- the project was 21 challenged. 22 23 (Whereupon, Miguel Ortiz arrived at 6:11 24 p.m.) 25  17 1 THE SECRETARY: Mr. Mulkay, allow me one 2 second, please. 3 Mr. Ortiz joined the meeting. 4 We have eight members now. 5 Go ahead, Mr. Mulkay, please. 6 MR. MULKAY: The project was challenged -- 7 MR. PANEQUE: Mr. Mulkay, excuse me. I 8 have to interrupt. 9 Before we proceed, has jurisdiction been 10 established? 11 MR. MULKAY: I believe that this matter 12 we’re here -- we’re not asking any variances. 13 We’re here just to advise the Board of some minor 14 design changes. It is my understanding that the 15 Board could review and act without the need of 16 publication. 17 MR. PANEQUE: Okay. 18 MR. MULKAY: That’s my understanding. So, 19 the Board has jurisdiction to review it, based on 20 the original approval. 21 MR. PANEQUE: Are you asking this Board to 22 review the matter without the need for public 23 notice? 24 MR. MULKAY: Correct. Yes. 25 MR. PANEQUE: Okay.  18 1 Mr. Grullon? 2 CHAIRPERSON GRULLON: Can I ask you 3 something off the record? 4 MS. DILLON: Do you want to go off the 5 record? 6 CHAIRPERSON GRULLON: Off the record, 7 please. 8 MR. PANEQUE: Off the record, please. 9 10 (Whereupon, the Board recessed from 6:13 11 p.m. to 6:19 p.m.) 12 13 THE SECRETARY: On the record. 14 MR. PANEQUE: Back on the record, please. 15 We’re on? 16 MS. DILLON: Yes. 17 MR. PANEQUE: Thank you. 18 Mr. Mulkay, we’ve had a sidebar meeting 19 where it’s been decided that your application can 20 proceed without the need for public notice, based 21 on the changes that are being presented to the 22 Board. And our planner has confirmed that there 23 are no variances that will be triggered by the 24 changes. So, you may proceed with your 25 application.  19 1 MR. MULKAY: Great. 2 If we could have Mr. Carballo sworn in as 3 -- as our expert. He’s going to explain the 4 changes that were made on the plans. 5 All the changes were design type changes. 6 None of the changes impacted the footprint or the 7 size of the building, or any of the variances 8 that were granted previously. 9 MS. DILLON: Please raise your right hand. 10 Do you affirm the testimony you’re about to 11 give this Board is the whole truth? 12 MR. CARBALLO: Yes, I do. 13 MS. DILLON: Please state your name for the 14 record. 15 MR. CARBALLO: Sure. 16 Jose Carballo, C-A-R-B-A-L-L-O. 17 MS. DILLON: Thank you. 18 MR. CARBALLO: You’re welcome. 19 MR. MULKAY: Mr. Carballo, can you explain 20 to the Board the changes that were done in -- 21 actually, before we do that. 22 Can you explain to the Board the stage of 23 construction that we’re in at this point? 24 MR. CARBALLO: This is 1410 Palisade 25 Avenue. It’s a building that goes from Palisade  20 1 Avenue to Manhattan Avenue. I’m sure everybody’s 2 gone by there. And you can see that the 3 building’s up, the building has been sheath on 4 the outside, has been covered on the outside and 5 -- and work is proceeding on the inside of the 6 building. 7 Building has received inspections and 8 approvals for said inspections from the Building 9 Department. So, it’s a project that is moving 10 right along. 11 The reason we’re here today is that there 12 were some design changes that we made to the 13 building and Mr. Sal Ferlise, the Building 14 Inspector, asked us to come in and just -- just 15 clean up the application, just make sure that the 16 building, as -- as we’ve -- what with the changes 17 that were made, still falls within the approvals 18 that we had. 19 Building has not grown in any way, shape or 20 form. It has not been added onto. So, 21 basically, they’re all what we call interior, 22 mostly interior changes. There’s a couple of 23 changes to the elevation, which I will share with 24 you. 25 But starting with the first floor, this is  21 1 Palisade Avenue. This is the main line of the 2 building. We have a lobby that goes through the 3 building for about two-thirds to the back. There 4 used to be a -- a room here. That room was 5 basically for concierge. That room has been 6 removed. That’s the only change that we made on 7 this first floor. 8 MR. MULKAY: So, the lobby’s enlarged in 9 the sense that we got rid of a room. 10 MR. CARBALLO: The only changes that we 11 made to the apartments, and we still have the 12 same number of apartments, same number of rooms, 13 same number of bedrooms, that has not changed, 14 the layouts are basically the same. 15 But one thing that we did is we actually 16 removed the HVAC units from the front of the 17 building. In other words, we have PTAC units. 18 And -- and we removed those. So, the building 19 now doesn’t have any grills in the front, but 20 you’ll see in the elevation. And what we did is 21 we have a forced air system that has been 22 designed into each one of the units, within the 23 unit itself. 24 Another change that we made to the exterior 25 of the building, if you see, this is now  22 1 Manhattan Avenue. You see that we have these 2 cantilever or protruding spaces from the 3 building. We used to have the same thing on 4 Palisade Avenue. Those have been removed, so the 5 building doesn’t go beyond the property line 6 anymore. Now, it’s within the property line. 7 Same elevations. I mean -- sorry. Same 8 floor plans. 9 We get to the -- the rooftop. Rooftop 10 always had a rooftop deck. It was a sizable 11 rooftop deck. We wanted to basically get the 12 views from not just New York, but also from the 13 Meadowlands. 14 We did have a lobby with elevators going up 15 to the -- to the deck, for accessibility. We now 16 have just the one elevator going up, which still 17 complies with accessibility. 18 And the other thing that we did is we added 19 an accessible bathroom within this space. That 20 space has not grown. We didn’t add to it. We 21 didn’t move any walls. That bathroom basically 22 fits within this space that’s there now and it 23 meets accessibility. Again, bathroom’s already 24 built. It received approvals. As -- as far -- 25 inspections and approvals of inspections. So,  23 1 that -- that has already been done. 2 This is Palisade -- this is Palisade 3 Avenue, the elevation from Palisade Avenue. 4 Again, we’ve had areas that protruded onto 5 Palisade Avenue. Those areas have been removed. 6 Now, the building is fully within the property 7 line. 8 You’ll also see that we don’t have the 9 growth associated with the PTAC units. So, it -- 10 it’s a cleaner elevation. There’s more brick 11 now. There’s more metal. So, it’s a -- it’s a 12 better -- it’s a better looking building, more 13 aesthetically pleasing. 14 Again, we still have -- on the bottom, we 15 still have the -- the precast panels that -- that 16 we were going to use originally. That’s still 17 part of the application. 18 On the side of the building -- the two 19 sides of the building, north and south, the areas 20 that go from Palisade Avenue down to Manhattan 21 Avenue, the original design from 2009, had a 22 split faced block. We’ve now eliminated the 23 split faced block and we have brick. And we also 24 have, again, more of the precast panels. So, 25 again, it’s a more aesthetically pleasing  24 1 building. 2 This is the rear of the building. These 3 are the cantilever areas that I discussed before. 4 They remain on the Manhattan Avenue side. They 5 were eliminated from the Palisade Avenue side. 6 I think that’s -- those are all the changes 7 we made. 8 So, again, none of these changes exacerbate 9 any of the previous variances that we -- that we 10 got approvals for. Building still sits within 11 its own envelope. 12 CHAIRPERSON GRULLON: Thank you, Mr. 13 Carballo. 14 MR. CARBALLO: You’re very welcome. 15 CHAIRPERSON GRULLON: You know, first let 16 me -- let me start by accepting your 17 qualifications. You’ve been in front of the 18 Board many times. It was my fault. We moved too 19 quickly. We didn’t get a chance to accept your 20 qualifications. You’re welcome back here. 21 On the application, I can see that most of 22 the application is -- or you’re making that 23 improvement to living spaces, to the area. I 24 thank you for that -- you know, making to be more 25 -- create -- creating more space inside the  25 1 building and changing materials and -- and also, 2 removing those units that were -- were going to 3 be visible from the outside. That’s on the 4 positive side. 5 Again, when -- when you mentioned changes, 6 I still had -- and with the world that we live in 7 now, I don't think will be a good idea to add a 8 common bathroom for -- the intention to use the 9 deck is only for the residents. They could 10 always go back to their apartment, if they need 11 to use a bathroom. 12 I don't -- in my opinion, I don't want to 13 see a common area, because that’s going to invite 14 people to share a bathroom and you don’t know 15 what happen. In the world we live in now, is not 16 to have areas like that where they can share -- 17 you know, bathroom, if they have the opportunity 18 to move down on the elevator and go back to their 19 apartment. 20 But I want to hear from the other member of 21 the Board, and hear the opinions of everybody 22 before we make a decision. 23 MR. MULKAY: If the concern is now during 24 COVID, obviously the public bathroom wouldn’t be 25 allowed during COVID. But public bathrooms are  26 1 available everywhere. We have public bathrooms 2 in the schools. We have public bathrooms in -- 3 in every public facility. 4 I understand the concern now during COVID 5 and hopefully, by the time this building gets the 6 CO and is open in the summer, we would hope that 7 -- 8 CHAIRPERSON GRULLON: But this is -- 9 MR. MULKAY: -- this pandemic is over. 10 CHAIRPERSON GRULLON: This is some -- a 11 space that is available for the residents of the 12 building. 13 MR. MULKAY: Only the residents of the 14 building. 15 CHAIRPERSON GRULLON: Yes. And they have 16 -- they have apartments there. 17 MR. MULKAY: It’s a -- 18 CHAIRPERSON GRULLON: They have a bathroom 19 there. 20 MR. MULKAY: Yeah. It’s a large building 21 and it’s eight stories. Somebody lives on the 22 first floor, they got to go -- you got to go to 23 the bathroom, you got to all the way downstairs. 24 You’re having a party upstairs, you’re doing a 25 barbecue, you’re hanging out upstairs, you’re  27 1 going to run downstairs to go to the bathroom? 2 You’re going to send your guests, whose up there 3 with you, you’re going to send them, give them 4 the keys to go down to your apartment and -- and 5 get -- 6 The Building Department didn’t have an 7 issue with this. Sal didn’t have an issue with 8 it, nobody had an issue with it. It just makes 9 -- I mean, I’ll let Carballo -- 10 MR. CARBALLO: It’s just plain convenience. 11 It’s just so that they don’t have to go up and 12 down the elevator that much. It’s -- it’s just 13 to basically -- what one of the things that our 14 -- that the client wanted to do, the owner wanted 15 to do is to upgrade the building. And one of the 16 -- you heard the other upgrades that we made to 17 the building, and one of the upgrades was to make 18 it -- you know, a little bit more convenient for 19 these people. 20 In every building that we do now, we -- we 21 have bathrooms on -- on the rooftop deck, 22 especially rooftop deck, the size of the one that 23 we have. It’s just convenience, more than 24 anything else. 25 It’s -- it’s not going to make people stay  28 1 there longer. It’s just going to create a lot 2 more traffic going up and down. 3 I -- I think it’s a good idea and I’m just 4 hoping that you reconsider your -- your thinking. 5 CHAIRPERSON GRULLON: Do you have any other 6 expert? 7 MR. MULKAY: No. 8 CHAIRPERSON GRULLON: Okay. 9 MR. MULKAY: Not at this point. 10 CHAIRPERSON GRULLON: I just want to see if 11 any members of the Board has any question 12 regarding to the changes of the application? 13 VICE CHAIRPERSON GUTIERREZ: Mr. Mulkay, 14 how many apartments in the building? 15 MR. MULKAY: Mr. Carballo? 16 MR. CARBALLO: Apartments? 17 MR. SAGI: Sixty. Six-zero. 18 MR. MULKAY: Sixty units. 19 MR. CARBALLO: Six-zero. Sixty apartments. 20 VICE CHAIRPERSON GUTIERREZ: It’s big. 21 Thank you. 22 MR. CARBALLO: We have -- yeah, we have six 23 floors, ten apartments each. 24 (Whereupon, there was a pause in the 25 proceedings.)  29 1 CHAIRPERSON GRULLON: Any -- anyone from 2 the Board? 3 Okay. 4 At this point, I want to open it to the 5 public. 6 Any members of the public want to step 7 forward? 8 Okay. 9 Seeing none. No -- nobody from the public. 10 MR. PANEQUE: I have a question for either 11 Mr. Carballo or Mr. Mulkay. 12 How many elevators are there on this 13 building? 14 MR. CARBALLO: Two elevators. 15 MR. PANEQUE: Two elevators? 16 MR. CARBALLO: Yes. 17 MR. PANEQUE: Okay. 18 CHAIRPERSON GRULLON: And how many 19 apartments again? 20 MR. CARBALLO: Sixty. 21 MR. MULKAY: Sixty. 22 CHAIRPERSON GRULLON: Sixty apartments. 23 MR. PANEQUE: Will this bathroom be kept 24 locked and access only to the residents? 25 MR. CARBALLO: It’s --  30 1 MR. SAGI: Yes. 2 MR. CARBALLO: It’s only for the residents 3 of the place. I mean, obviously, you’re going to 4 have guests and things like that. But it’s just 5 for the residents. That rooftop deck is not for 6 the general public. You can’t just walk out -- 7 you know, from the street and go up. It’s just 8 for the residents. 9 MS. PEREZ: Is there -- 10 CHAIRPERSON GRULLON: I know that, but that 11 will be a bathroom shared by 60 apartments. 12 MR. MULKAY: Correct. 13 CHAIRPERSON GRULLON: And that’s something 14 that I don't know you’re going to have security 15 guards or cleaning people -- 16 VICE CHAIRPERSON GUTIERREZ: Um hum. 17 CHAIRPERSON GRULLON: -- working there all 18 the time? That may be something that -- 19 MR. MULKAY: The apartment will have a full 20 time staff working in the building to clean and 21 to maintain the garbage, a doorman and stuff. 22 So, yeah. There would be somebody there. 23 The roof -- the rooftop deck was approved 24 by the Board -- 25 CHAIRPERSON GRULLON: That I know.  31 1 MR. MULKAY: -- in the original 2 application. 3 CHAIRPERSON GRULLON: I know the 4 application. And you’re also showing some 5 improvement on the -- on the floors. 6 MR. MULKAY: Right. 7 CHAIRPERSON GRULLON: In the material. 8 MR. MULKAY: Correct. 9 CHAIRPERSON GRULLON: It’s just the 10 bathroom that I cannot -- 11 MS. PEREZ: I know what you mean. Yeah. 12 CHAIRPERSON GRULLON: Yeah. I cannot see 13 because that’s going to invite people to stay 14 there -- you know, longer. They’ll probably be 15 there overnight, you know? Who knows? That’s a 16 -- that -- that deck is supposed to be for maybe 17 reading -- you know, going -- being there for 18 half hour, an hour something like that. 19 MR. MULKAY: There -- there is no -- there 20 was no limit on the use of the deck. There was 21 no restriction or limit on the use of the rooftop 22 deck. They could be up there -- they could have 23 parties. It’s a -- it’s a community deck for the 24 whole building. They could throw a party. They 25 could -- they could use it however they see.  32 1 It’s outdoor space. It’s actually encouraged by 2 your zoning plan, by your Zoning Ordinance. 3 Outdoor space. 4 CHAIRPERSON GRULLON: Yeah. I never seen 5 any application -- 6 MS. PEREZ: I think that’s what the concern 7 of the bathroom is that there’s so many people 8 that might use it at -- you know, sharing it. 9 MR. CARBALLO: Well, the other -- the other 10 thing is, I mean, you’re concerned about people 11 staying there longer. So, what’s going to happen 12 is they’re just going to down to an apartment and 13 come back up again, which basically creates a lot 14 more traffic in the elevator, if you’re worried 15 about people being together in an elevator or in 16 a situation like that. So, you’re going to get 17 that. 18 So, I -- I’m not sure that this is such a 19 big problem or -- or you know, a -- a concern as 20 -- as you see it. It’s -- it’s going to be kept 21 clean and there is a staff up there. People are 22 going to use the -- the deck as long as they want 23 to use the deck. Just because there’s a bathroom 24 there doesn’t mean that they get an extra two 25 hours.  33 1 CHAIRPERSON GRULLON: Because we have seen 2 a lot of community rooms here -- room. And a 3 community room is a community room -- need a 4 bathroom to share that. I never seen any deck 5 that we approve on this -- on this Board with a 6 bathroom on the deck. 7 MR. CARBALLO: So -- so what would be the 8 difference, in your mind, because this is a 9 community area? 10 MR. MULKAY: Correct. 11 MR. CARBALLO: It may not be a room, but 12 it’s a community area. So, the same thing that 13 would happen in a community room would happen 14 here. And that doesn’t mean that people are 15 going to stay an extra two hours just because 16 there’s -- there’s a bathroom. It’s just more 17 convenient so that people are not traveling up 18 and down. 19 MR. SAGI: We will maintain everything. 20 MR. MULKAY: Of course. 21 MS. PEREZ: With -- in regard to accessing 22 it, is there some -- there’s one elevator of the 23 two. Only one can access the roof? 24 MR. CARBALLO: Yes. 25 MS. PEREZ: And is there any kind of  34 1 restriction on who can -- you know, get to the 2 roof from the elevator? Do you have to have a 3 special, like pass card or something like that? 4 MR. CARBALLO: The elevator doesn’t have 5 that. But there was -- 6 MR. SAGI: There’s -- there’s key fob 7 access to get into from the vestibule under the 8 deck. 9 MS. DILLON: I don’t know who’s speaking. 10 MR. CARBALLO: It’s one of the owners. 11 MS. PEREZ: I couldn’t -- I couldn’t hear. 12 MR. MULKAY: Step up. 13 MR. SAGI: There would be -- 14 MS. DILLON: Excuse me. 15 Please raise your right hand. 16 Do you affirm the testimony you’re about to 17 give this Board is the whole truth? 18 MR. SAGI: Yes. 19 MS. DILLON: Can you please state your name 20 and spell it for the record? 21 MR. SAGI: First name is Gautam. Last name 22 is Sagi. 23 MS. DILLON: Spell it for me. 24 MR. SAGI: Gautam is spelled G like George, 25 A-U-T like Tom, A-M like Mark. Sagi is S like  35 1 Sam, A-G-I. 2 MS. DILLON: Thank you. 3 Go ahead. 4 CHAIRPERSON GRULLON: Go ahead, Mr. Sagi. 5 MR. SAGI: Yes. So, basically, people have 6 key fob access into all the common elements of 7 the building. And they would be coming -- the 8 elevator doesn’t have a key fob access. It’s 9 open. Once you’re in the building, it’s a secure 10 building. But to get into the deck you would 11 need key fob access so that -- you know, kids 12 don’t go there without the parents, stuff like 13 that. 14 And the maintenance of the bathroom would 15 be done on a daily basis. And it’s -- it’s like 16 a powder room, handicap access. It’s not -- 17 doesn’t have a shower. 18 And we have -- this is the sixth building 19 we have in Hudson County. Everything -- every 20 one of the buildings, we have a deck. Same 21 facility, with a bathroom. Just a powder room, 22 whatever. Just for the use for people on the 23 deck. 24 MR. CARBALLO: So, if I can add to that, it 25 just brought out something that -- that’s very  36 1 important. I just don’t want it to just like -- 2 just brush over it. 3 If -- if you’re -- if you’re a person who 4 needs an accessible bathroom, you’re in a 5 wheelchair or something like that, and you’re 6 using the rooftop deck, which you can because the 7 elevator gets you out there, that person in a 8 wheelchair would now have to go down to, let’s 9 say, the first residential floor, if that’s where 10 they live, to go to a bathroom, instead of having 11 the convenience of that bathroom, which is 12 accessible, that bathroom is fully accessible 13 with grab bars and it’s all fitted out. 14 So, that person in a wheelchair now doesn’t 15 have to get into the elevator, go down and -- you 16 know, go through all that. It’s easier for that 17 person to just stay up here and -- and make use 18 of that -- that toilet. 19 MS. WATLEY: How many are allowed in there? 20 On the top? 21 CHAIRPERSON GRULLON: Okay. 22 Thank you, Mr. Sagi. 23 VICE CHAIRPERSON GUTIERREZ: Huh? 24 MS. WATLEY: How many people are allowed on 25 the top, rooftop?  37 1 VICE CHAIRPERSON GUTIERREZ: You can ask 2 the question. 3 MR. MULKAY: Given -- Mr. Carballo, given 4 the size of the space of the rooftop deck, would 5 it be -- if that was a community room, would it 6 be common that it would have a bathroom? 7 MR. CARBALLO: Oh, if it was that room, it 8 would have two bathrooms. 9 MR. MULKAY: It would have two bathrooms. 10 VICE CHAIRPERSON GUTIERREZ: Go ahead. 11 MS. WATLEY: I have a question. 12 How many people are allowed on the rooftop? 13 What’s the capacity? 14 MR. CARBALLO: So, this rooftop plaza is 15 probably about 3,000 square feet. So, at -- at 16 any given time, you could have hundred, hundred 17 fifty people up there. 18 MR. MULKAY: It’s outdoor space. So, it -- 19 it would be expected that there would be a 20 bathroom in that space. 21 MR. CARBALLO: Absolutely. 22 MR. MULKAY: And just for the record, the 23 bathroom is already built. The Building 24 Department has inspected it. They’ve approved 25 it. They’ve had no issues with the plumbing,  38 1 with the layout, with the setup, whether or not 2 it complies with ADA. 3 Correct? 4 MR. CARBALLO: That is correct. 5 CHAIRPERSON GRULLON: Mr. Mulkay, do you 6 have the bathroom in the original application? 7 MR. CARBALLO: It was not. 8 CHAIRPERSON GRULLON: It was not. 9 MR. MULKAY: It was not in the original 10 application. 11 CHAIRPERSON GRULLON: Could you explain the 12 reason why not? 13 MR. CARBALLO: That -- that application was 14 what, 11, 12 years ago? Building -- 15 MR. MULKAY: We -- we applied in 2007. The 16 application was applied in 2007 and it took -- 17 for different reasons, it took two years and we 18 made changes that the Board requested. So, it 19 was a give and take at that time. It was 14 20 years ago -- 21 VICE CHAIRPERSON GUTIERREZ: Fourteen years 22 ago. 23 MR. MULKAY: -- that the application was 24 made. It was approved in ’09, 12 years ago. 25 MR. CARBALLO: Yeah.  39 1 And many of these spaces have evolved over 2 the years. People are asking more, they’re 3 demanding more convenience in the building. 4 Like I said, every -- every building that 5 we do now, we actually have a toilet, if the -- 6 if the rooftop is sizable. If you could fit any 7 more than 20, 25 people, we put a toilet up 8 there, just for convenience. It’s -- it’s 9 something that the residents actually, they’re -- 10 they’re starting to demand. Amenities is like 11 just something that -- well, let’s just put 12 amenities now. It’s something that it’s -- you 13 know, just like you have an elevator. You have 14 amenities. It’s -- it’s something that it’s part 15 and parcel of what you put into a building today. 16 And -- and a bathroom or a toilet is 17 something that enhances that amenity, enhances 18 the building. And you know, in case of a person 19 in a wheelchair -- you know, there it is as 20 opposed to having to trek up and down the 21 building. 22 CHAIRPERSON GRULLON: Mr. Mulkay, when -- 23 when will the building be available to the 24 public? 25 MR. MULKAY: I’m sorry?  40 1 CHAIRPERSON GRULLON: When will the 2 building be available? 3 MR. MULKAY: When? 4 CHAIRPERSON GRULLON: Is that -- is that 5 finished? 6 The construction? 7 MR. MULKAY: We expect it by -- 8 MR. SAGI: Another eight -- eight months. 9 CHAIRPERSON GRULLON: Yeah. See that -- 10 that’s my concern. And now, we -- we -- with 11 COVID-19 -- 12 MR. MULKAY: Correct. 13 CHAIRPERSON GRULLON: -- if we approve 14 something to share a space and someone gets sick 15 there -- 16 MR. MULKAY: This Board would -- 17 CHAIRPERSON GRULLON: -- you know what, 18 it’s going to be our fault. 19 MR. MULKAY: This Board wouldn’t have any 20 liability for that. And again, that falls on the 21 building -- the -- they’re hoping to have the CO 22 in eight months. Hopefully, by then, we don’t 23 have COVID. But -- but they would have the 24 responsibility to maintain it clean. 25 I don't know if you can hear me.  41 1 MR. CARBALLO: Mr. Chairman, go -- going 2 back to your way of thinking. 3 What happens in an elevator? 4 What happens in a -- in a hallway? 5 What happens in a -- 6 CHAIRPERSON GRULLON: That’s something -- 7 MR. CARBALLO: -- in a lobby? 8 CHAIRPERSON GRULLON: That’s something that 9 was approved previously. 10 MR. CARBALLO: But being approved 11 previously doesn’t mean that COVID doesn’t effect 12 it. That was -- that was what you brought up. 13 Right? 14 CHAIRPERSON GRULLON: Yes. 15 MR. CARBALLO: So -- so, we have 16 ventilation in the bathroom and -- and there’s 17 going to be extra ventilation because that -- 18 that’s what’s happening now, as far as air 19 movement, so that you get rid of -- you know, the 20 bacteria or the virus. 21 So, as -- as far as COVID is concerned, all 22 the bases will be covered with that. 23 MR. MULKAY: Right. 24 So you’re -- you’re -- what you’re 25 suggesting is that you wouldn’t approve any kind  42 1 of community area where there’s a public 2 bathroom. And there’s plenty of applications 3 that come before this Board for a bar, for a 4 restaurant -- 5 CHAIRPERSON GRULLON: I mean, not -- not -- 6 MR. MULKAY: -- so that -- you wouldn’t 7 approve a restaurant that has -- that would be 8 required to have a public bathroom? 9 CHAIRPERSON GRULLON: What I -- what I was 10 saying, on -- on previous application, any deck 11 that we approve on this Board, -- 12 VICE CHAIRPERSON GUTIERREZ: No bathroom. 13 CHAIRPERSON GRULLON: -- I never seen -- I 14 never seen anything with a bathroom. 15 MR. MULKAY: But -- but your objection is 16 -- 17 VICE CHAIRPERSON GUTIERREZ: Um hum. 18 CHAIRPERSON GRULLON: It’s for the 19 residents to go back to the -- to their 20 apartments, and use the bathroom there and then 21 go back up to the deck. 22 MR. MULKAY: But -- but your objection is 23 the COVID issue and the liability potential to 24 this Board, which I -- I submit to you does not 25 exist and you could ask your counsel.  43 1 CHAIRPERSON GRULLON: No, no. Not 2 liability. 3 MR. MULKAY: This Board wouldn’t have. But 4 -- 5 CHAIRPERSON GRULLON: Just someone getting 6 sick. 7 MR. MULKAY: This wouldn’t be any different 8 than if it was a restaurant and you would have 9 public bathrooms in a restaurant. It’s the same 10 -- it’s the same concept. And -- and the 11 exposure is actually less. I mean, if -- if you 12 like, we could bring somebody at the next meeting 13 to talk about that. But the exposure would be 14 less because now you’re making a -- assume that 15 the deck is filled with a hundred and fifty 16 people, now you’re making people go into the 17 elevator, who are potentially sick, and spreading 18 the virus through the elevator and through the 19 entire building to go to the bathroom, instead of 20 just doing it upstairs and having less exposure 21 throughout the public areas of the building. 22 CHAIRPERSON GRULLON: So let’s -- 23 MR. MULKAY: So your logic, it’s actually 24 the opposite. It’s making it worse by refusing 25 to have this bathroom up there.  44 1 And just for the record, we don’t need 2 variance approvals. Sal has requested that we 3 come here to advise the Board of what it is that 4 we’ve done after the Building Department has 5 already reviewed it and approved it and inspected 6 it and okayed it. 7 So, we’re not asking this Board to say -- 8 to give us any kind of variance approval. We’re 9 advising the Board of the design changes that 10 were made. 11 It -- it wouldn’t be required, the PTAC 12 wouldn’t be required, none of the changes that 13 were made that govern -- this town doesn’t have a 14 design ordinance, so it’s not required that we 15 get -- quote, unquote -- approvals. 16 CHAIRPERSON GRULLON: I mean, my point is 17 that a bathroom is inviting people from the 18 outside to come to the -- to use the deck. 19 MR. CARBALLO: I’m sorry. 20 What do you mean, from outside? 21 CHAIRPERSON GRULLON: From outside. I mean 22 -- 23 MS. PEREZ: People who are not the 24 residents of the building. 25 MR. CARBALLO: We just -- we just heard  45 1 testimony that the whole place is -- is a key 2 fob. If you don’t have a key fob, you can’t 3 access upstairs. 4 CHAIRPERSON GRULLON: Yes. You mean, if a 5 -- if a resident of the building wants to -- to 6 make a party, invite a hundred and fifty people 7 from the outside, he’ll be allowed to use the 8 deck for that? 9 MR. SAGI: No. 10 MR. MULKAY: No. 11 MR. SAGI: Not for -- 12 CHAIRPERSON GRULLON: That -- that’s my 13 point that if you have a bathroom you -- you kind 14 of -- 15 MS. PEREZ: How -- how is that space 16 controlled? Like who monitors how frequently 17 it’s used? 18 CHAIRPERSON GRULLON: You’re kind of 19 opening -- 20 MS. PEREZ: How do you -- 21 CHAIRPERSON GRULLON: -- opening that up. 22 MS. PEREZ: How do you maintain the 23 capacity to be under a hundred and fifty? Like 24 what -- what’s in place to assure that? 25 MR. SAGI: I’m sorry.  46 1 Can you repeat the question? 2 CHAIRPERSON GRULLON: The question is, if a 3 resident decide to make a party, invite a hundred 4 and fifty people from outside, that’s the 5 intention? To use the deck for that, for them to 6 do parties up there? It’s not -- it’s not 7 exclusively for the residents only? 8 MR. SAGI: The -- the deck would be only 9 exclusive for the residents. Not for people from 10 outside. 11 CHAIRPERSON GRULLON: And that’s what I’m 12 saying. A bathroom would invite the residents to 13 invite people and bring -- and bring them over, 14 because they have a bathroom up there. 15 MR. CARBALLO: So -- so, if that party was, 16 let’s say, 25 people, would that be okay? 17 And -- and the reason I’m asking is it 18 could be -- 19 CHAIRPERSON GRULLON: What I’m trying to -- 20 you know, continue the same pattern that we have 21 here in Union City. If you have a roof deck, a 22 rooftop deck, it’s for -- exclusively, let’s say, 23 two people who live in this apartment, they come 24 up and they enjoy the -- the deck. They’re not 25 going to do a party and throw a party up there  47 1 with a hundred and fifty people. 2 MR. CARBALLO: No, and that’s what I’m 3 saying. If -- if the number of occupants is 4 something that bothers you, that you’re concerned 5 with, then they could -- by lease, they could 6 limit the number of guests that they could have 7 at one time and the number of parties that could 8 be there at one time, so that you don’t have a 9 hundred and fifty people at one time. 10 It’s -- it’s almost inconceivable that 11 you’re going to have that kind of occupancy on a 12 rooftop. Even something as large as this. It 13 just doesn’t happen. 14 So, if they could limit the number of 15 people that will access the -- on one party, that 16 could access the -- one event -- 17 Let’s call it an event. 18 -- that could access the rooftop, then 19 maybe they -- they’re willing to do that. Would 20 be amenable to that. 21 CHAIRPERSON GRULLON: I mean, I’m not 22 looking to create a -- a place that -- where they 23 can do parties and rent it to people or maybe 24 somebody wants to throw a party and do it on the 25 rooftop. That’s -- to -- to us, that’s not the  48 1 intention of a roof deck in Union City. It’s 2 exclusively for the apartment and only -- only 3 for the resident of the building. It’s not to do 4 a 25 people party. I’m not looking to create a 5 limit, it’s just to be only for the residents. 6 And that’s the reason why we never approve any 7 roof deck with a bathroom on -- on the deck. 8 MR. ORTIZ: Okay. I have a question. 9 Mr. Spatz? 10 MR. SPATZ: Yes. 11 MR. ORTIZ: When application, we -- the 12 Board approve an application and I see that they 13 made a deviation, are they required to report it 14 to -- come out and report it to the Board? 15 MR. SPATZ: Not necessarily. In -- in many 16 towns, changes like this would not actually come 17 back before the Board. It’s only because Union 18 City’s Building Department wants them to come 19 here, just to advise the Board of what they’re 20 doing. 21 The types of changes that they’re 22 suggesting, they call them field changes. And 23 usually, they -- the Building Department will 24 usually approve that type of a change. And, in 25 fact, they did in this case by approving the  49 1 bathroom. 2 But they want to be extra cautious, so they 3 want them to come back before the Board, just to 4 say, these are the changes that we made. But 5 typically, these would not come back to the 6 Board. They would just make the changes and the 7 -- the Building Department would approve it. 8 MR. ORTIZ: Thank you. 9 (Whereupon, there was a pause in the 10 proceedings.) 11 MR. MULKAY: Mr. Grullon, another option 12 that -- that -- 13 I’m sorry. 14 Go, go. 15 MR. PANEQUE: No, no. Okay. 16 MR. MULKAY: You want me to go? 17 MR. PANEQUE: Go ahead. 18 MR. MULKAY: All right. 19 Another option that -- that Mr. Gautam was 20 suggesting was, we could put a key lock on the -- 21 on that bathroom door so that only with a code 22 that only the owners of the -- of the units would 23 have access to. So, we would limit access to the 24 bathroom. It wouldn’t be open to the public. 25 The bathroom would always be locked and only be  50 1 accessed with a key fob that the -- that the 2 owners have. And that would take care of the 3 public concern that -- that Mr. Grullon has. 4 CHAIRPERSON GRULLON: I can only see 5 allowing the bathroom if we put a condition, we 6 put a condition not to -- to keep it closed until 7 this is over, for 12 months. 8 MR. MULKAY: Not -- that’s not a problem. 9 Right? 10 You don’t -- 11 MR. SAGI: Yeah. No, no problem. 12 CHAIRPERSON GRULLON: If you want, we could 13 move ahead and don’t -- just I think we have to 14 find a way that -- 15 MR. PANEQUE: Yeah. If I -- 16 CHAIRPERSON GRULLON: -- if it’s not 17 finished, don’t finish it until -- 18 MR. MULKAY: I think it’s finished. 19 CHAIRPERSON GRULLON: -- for 12 months. 20 MR. MULKAY: But I think I can come up with 21 language, Mr. Paneque, 60 days, or 90 days after 22 the pandemic, the state of emergency is 23 cancelled, if -- 24 MR. PANEQUE: No, Mr. Mulkay. 25 The recommendation that Mr. Grullon is  51 1 making for approval is that from today, that the 2 applicant agree not to use the bathroom in any 3 capacity for the next 12 months. 4 MR. MULKAY: That’s fine. Twelve months is 5 fine. 6 MR. PANEQUE: Okay? 7 MR. MULKAY: That’s fine. 8 MR. PANEQUE: So that will carry us through 9 January of 2022. 10 MR. MULKAY: Two. 11 That’s fine. 12 MR. PANEQUE: And then, at that time, 13 access can be given to the bathroom. 14 MR. MULKAY: That’s fine. 15 MR. SAGI: Okay. 16 MR. PANEQUE: Okay? 17 That should carry us out of the pandemic. 18 MR. MULKAY: Out of the -- okay. 19 CHAIRPERSON GRULLON: Let me ask you. 20 Do they have to go back to Building 21 Department? 22 MR. PANEQUE: Well, no. This would not go 23 back, because this a condition that we’re putting 24 on. 25 MR. MULKAY: That’s fine.  52 1 Right? 2 I’m saying yes that I assume you wouldn’t 3 have a problem with that. 4 MR. SAGI: Yeah. No, that should be fine. 5 MR. MULKAY: That’s fine. I think that 6 works. 7 CHAIRPERSON GRULLON: Okay. I’m okay with 8 that. 9 MR. PANEQUE: In addition, the 10 recommendation of the key fob -- 11 MR. MULKAY: Right. 12 MR. PANEQUE: -- also would be part of that 13 since -- 14 MR. MULKAY: That’s fine. 15 MR. PANEQUE: -- that was offered to the 16 Board. 17 MR. MULKAY: That’s fine. 18 MR. PANEQUE: So, only the residents, 19 through the key fob, would have access to the 20 bathroom. 21 MR. MULKAY: To the bathroom. 22 CHAIRPERSON GRULLON: After the 12 months. 23 MR. PANEQUE: After the 12 months. 24 MR. MULKAY: Yeah, not a problem. 25 MR. PANEQUE: Okay?  53 1 That’s acceptable? 2 MR. MULKAY: All right. 3 Yup. That’s acceptable. 4 MR. PANEQUE: Okay. 5 CHAIRPERSON GRULLON: Okay. 6 All right. 7 Any other member of the Board? 8 Any member of the public? 9 Closed to the public. 10 Okay. 11 I make a motion to grant the application 12 with the condition to lock the bathroom for 12 13 months, don’t use it -- don’t use it at all and 14 after 12 months, they have to have it strictly 15 controlled to the residents by key fob. 16 THE SECRETARY: Motion on the table to 17 approve this revision -- 18 VICE CHAIRPERSON GUTIERREZ: I’m second. 19 THE SECRETARY: -- by Mr. Grullon. 20 Seconded by Ms. Gutierrez. 21 VICE CHAIRPERSON GUTIERREZ: With all the 22 condition. 23 MR. MULKAY: So it will be January 1st or 24 February 1st, what date we’re going to put? 25 I’m good with either one, --  54 1 MR. PANEQUE: Today is the 14 th, let’s -- 2 MR. MULKAY: -- I just want to have a date 3 so we’re -- so that it’s clear. 4 MR. PANEQUE: We’ll make it January 15. 5 MR. MULKAY: I’m sorry? 6 MR. PANEQUE: January 15. 7 MR. SAGI: January 15. 8 MR. MULKAY: Perfect. 9 MR. PANEQUE: A year from now. 10 MR. MULKAY: Exactly 12 months. That’s 11 fine. 12 THE SECRETARY: All right. 13 Motion -- motion on the table by Mr. 14 Grullon to approve this revision of 1410-1418 15 Palisade Avenue. 16 Seconded by Ms. Gutierrez. 17 Roll call on the motion. 18 Mr. Grullon? 19 CHAIRPERSON GRULLON: Yes. 20 THE SECRETARY: Ms. Gutierrez? 21 VICE CHAIRPERSON GUTIERREZ: Yes. 22 THE SECRETARY: Mr. Medina? 23 MR. MEDINA: Yes. 24 THE SECRETARY: Mr. Ortiz? 25 MR. ORTIZ: Yes.  55 1 THE SECRETARY: Ms. Pena? 2 MS. PENA: Yes. 3 THE SECRETARY: Ms. Perez? 4 MS. PEREZ: Yes. 5 THE SECRETARY: Mr. Cetinich? 6 MR. CETINICH: Yes. 7 THE SECRETARY: Seven in favor. 8 Motion carries. 9 Thank you. 10 Have a good night, Mr. Mulkay. 11 MR. MULKAY: Thank you. 12 Stay safe -- 13 MR. CARBALLO: Thank you. 14 MR. SAGI: Thank you. 15 * * * 16 17 18 19 20 21 22 23 24 25  56 1 AGUSTIN GONZALEZ – 2 824 28TH STREET: 3 4 THE SECRETARY: Okay. 5 Item number 2. 6 Agustin Gonzalez, 824 28th Street. 7 Ms. Pereiras, please? 8 (Whereupon, there was a pause in the 9 proceedings.) 10 MR. PANEQUE: Let the record reflect the 11 following: 12 I’ve been provided by Ms. Pereiras with the 13 following documentation. 14 I have a certification as to publication 15 and service, indicating that notice of tonight’s 16 hearing was published in the local newspaper with 17 respect to the property located in Block 157, Lot 18 39. 19 I’ve also been provided with the Tax 20 Assessor’s list showing all property owners 21 within the 200 foot radius of the property in 22 question. Said Tax Assessor’s list is dated 23 January 4th, 2021. 24 I’ve also been provided with a copy of the 25 notice from The Jersey Journal. Said notice  57 1 indicates that notice with respect to the 2 property at 824 28th Street was published on 3 January 4th, 2021 and indicates that on the 4 evening of January 14th at six p.m., a hearing 5 will be held by the Union City Zoning Board. 6 Said hearing to take place at the Union City High 7 School and it will be for the purposes of seeking 8 a variance to legalize a driveway, off-street 9 parking. 10 Ms. Pereiras, I see a copy of the notice 11 that was published in the newspaper. Have they 12 provided you with an Affidavit yet? 13 MS. PEREIRAS: No, they have not. 14 MR. PANEQUE: Okay. 15 But it’s your -- 16 MS. PEREIRAS: They’re a little slower now. 17 MR. PANEQUE: You certify to this Board 18 that this notice was published on January 4 th. 19 MS. PEREIRAS: Absolutely. 20 MR. PANEQUE: Okay. 21 As a condition, I’m going to request that 22 the affidavit, once it’s received, you provide it 23 to Mr. Vallejo. 24 MS. PEREIRAS: Of course, I will. 25 MR. PANEQUE: Okay.  58 1 Let the record also reflect that I’ve been 2 provided with the certified green cards that have 3 come back to date, as well as the certified mail 4 receipts, with a postmark date of January 4 th, 5 2021. 6 Based on the documentation that’s been 7 provided, this Board has jurisdiction to proceed 8 and hear this matter. 9 MS. PEREIRAS: Thank you very much, 10 counsel. 11 Good evening, Mr. Chairman, members of the 12 Board. 13 May it please the Board, Bianca Pereiras, 14 on behalf of Agustin Gonzalez, for property 15 located at 824 28th Street, also know as Lot 39 in 16 Block 157. 17 The property in question is a typical 25 by 18 a hundred lot, where we have an existing three 19 family on the premises. To the front of the 20 premises there is a driveway section which is the 21 purpose of tonight’s application. We are seeking 22 to legalize that driveway section. 23 The reason we are before this Board is 24 because we are located in the CN neighborhood 25 commercial zone, where three families are  59 1 technically not allowed. As you know, we allow 2 commercial on the ground floor, residential 3 above. However, this is a preexisting condition. 4 We have variances as to rear yard setback, 5 as well as parking. 6 We have one expert to testify before the 7 Board this evening, and this our architect, Mr. 8 Manuel Pereiras. 9 MS. DILLON: Please raise your right hand. 10 Do you affirm the testimony you’re about to 11 give this Board is the whole truth? 12 MR. PEREIRAS: I do. 13 MS. DILLON: Please state your name for the 14 record. 15 MR. PEREIRAS: Manny Pereiras, 16 P-E-R-E-I-R-A-S, with Pereiras Architects 17 Ubiquitous, 1116 Summit Avenue, Union City. 18 MS. DILLON: Thank you. 19 CHAIRPERSON GRULLON: We accept your 20 qualification. 21 MS. PEREIRAS: Thank you. 22 MR. PEREIRAS: Thank you so much. 23 MS. PEREIRAS: Mr. Pereiras, are you 24 familiar with the property at 824 28 th Street? 25 MR. PEREIRAS: I am.  60 1 MS. PEREIRAS: And did you prepare the 2 drawings that are before the Board this evening? 3 MR. PEREIRAS: I did. 4 MS. PEREIRAS: And would you kindly 5 describe the project for the Board? 6 MR. PEREIRAS: I’d be very happy to. 7 First of all, hello, everyone. It’s nice 8 to see you all. 9 Counsel made a very good representation of 10 the project. We have a typical 25 by 100 lot. 11 On this lot, there is a preexisting three family 12 house. What’s not very typical is the location 13 of the house. Normally, we have the houses 14 located with a rear yard setback, front yard 15 setback, side yards. This is a preexisting, 16 older condition. The house is located all the 17 way in the back of the lot. So, there’s zero 18 rear yard setback. That’s a preexisting 19 nonconformity, for rear yard and there’s 20 preexisting nonconformities for side yard on that 21 house. 22 What that creates, though, is that we have 23 52 feet of front yard setback. And that front 24 yard setback allows us to have the ability to 25 park cars in front, which is always something  61 1 that in Union City we need very desperately to 2 have cars off the street. 3 Prior to -- to this applicant’s 4 intervention, he had an existing driveway with an 5 existing curb cut, and the cars would park along 6 the side of the property here. There was an 7 existing fence here. At some point, throughout 8 the history, and I don't know quite much the 9 details, but that fence somehow disappeared and 10 that was paved over. And what the condition that 11 you have today is the ability to park at least 12 four cars on -- two on each side of the road, 13 giving ample space for cars to back out into the 14 street, using that driveway. 15 So, we have the 25 foot wide, and we’re 16 showing here on this diagram, parking striping 17 for four cars in addition, which is actually our 18 last variance, which is something that we’re 19 reducing. So, there was a preexisting variance 20 here for parking. We’re providing four cars, 21 which is more than the two that they had legally 22 before. Therefore, we’re actually reducing that 23 variance. 24 And we’re here before this Board in order 25 to legalize this condition. We’re not asking to  62 1 make any changes to the structure; the house 2 isn’t touched; the pavement isn’t touched. We’re 3 not looking to make any other modifications than 4 to simply legalize what is currently there. 5 MS. PEREIRAS: And just to clarify one 6 point. We’re not seeking a side yard variance, 7 because there are no side yard variances required 8 -- 9 MR. PEREIRAS: I’m sorry. 10 MS. PEREIRAS: -- in the CN zone. 11 MR. PEREIRAS: I got confused. We’re in 12 the CN zone. CN zone you’re allowed to have zero 13 foot setback. Counsel is a hundred percent 14 correct. 15 The only variance that we have is rear 16 yard. And of course, a D-2, expansion of an 17 existing nonconforming use. 18 CHAIRPERSON GRULLON: Okay. 19 Thank you, Mr. Pereiras. 20 Mr. Pereiras, could you go over the -- the 21 curb cuts? What’s the size of the curb cut, 22 because you mention -- 23 MR. PEREIRAS: Very happily. 24 We’re showing an 18 foot existing curb cut. 25 CHAIRPERSON GRULLON: Existing. I think --  63 1 I thought I heard you mention 25? 2 MR. PEREIRAS: The lot itself is 25 feet 3 wide. 4 CHAIRPERSON GRULLON: Oh, 25. And the curb 5 cut is only 18. 6 MR. PEREIRAS: Yeah. 7 CHAIRPERSON GRULLON: And it’s -- it’s 8 existing you’re saying? 9 MR. PEREIRAS: All the conditions are 10 currently existing. 11 CHAIRPERSON GRULLON: And you mention that 12 one -- at one time, you had a gate there? 13 MR. PEREIRAS: It looks like, and the only 14 evidence I have of this is an old survey. I 15 actually went back in the Google images history 16 and I couldn’t find anything with the gate. But 17 I was able to find a photograph and the survey 18 that does show that gate with a -- with a little 19 bit of a grass area there. And that’s indicated 20 here on my site plan, this portion over here. 21 CHAIRPERSON GRULLON: That’s an existing. 22 I don't have any more question. 23 Any member of the Board has any questions? 24 Do you have another witness, Ms. Pereiras? 25 MS. PEREIRAS: No. That would conclude our  64 1 presentation. 2 CHAIRPERSON GRULLON: At this point, I want 3 to open up to the public. 4 Any member of the public want to step 5 forward this application? 6 No one from the public. 7 MS. UMANA: Yes. 8 MS. DILLON: Over here, ma’am. 9 (Whereupon, Mr. Pereiras conferred with Ms. 10 Umana in Spanish.) 11 MR. PEREIRAS: Would it be okay for me to 12 translate or -- 13 MR. PANEQUE: Does she speak English? 14 (Whereupon, Mr. Pereiras conferred with Ms. 15 Umana in Spanish.) 16 MR. PANEQUE: No? 17 MR. PEREIRAS: Okay. She could do it. 18 MR. PANEQUE: Okay. She said she can do it 19 in English. 20 MS. UMANA: Okay. 21 MS. DILLON: Please raise your right hand. 22 Do you affirm the testimony you’re about to 23 give this Board is the whole truth? 24 MS. UMANA: Yes. 25 MS. DILLON: Okay. Can you state your name  65 1 and spell it for me? 2 MS. UMANA: Yes. My name is Irma. It’s 3 I-R-M-A, and my last name is Umana. It’s 4 U-M-A-N-A. 5 MS. DILLON: Thank you very much. 6 And your address? 7 MS. UMANA: You’re welcome. 8 822 28th Street, Union City. 9 MS. DILLON: Thank you. 10 MS. UMANA: Yeah. 11 You’re welcome. 12 MS. DILLON: Go ahead. 13 MS. UMANA: Yes. About the -- the driveway 14 parking, I have a -- I not agree about the 15 commercial driveway because my house doesn’t have 16 any protection. And I -- I called the inspector 17 to come to look it out, and he say he have to 18 make an -- some protection from the wall to put 19 my house, four -- four feet from the wall for my 20 house, because you know, if it’s commercial, is 21 the people is going to be coming in and out, it’s 22 going to hit my house. Is no protection for my 23 house and that driveway. 24 CHAIRPERSON GRULLON: Is there -- 25 MS. UMANA: No protection.  66 1 CHAIRPERSON GRULLON: -- an existing fence 2 between the house and the parking or no? 3 MR. PEREIRAS: Her house is right on the 4 property line and the parking is right on the 5 property line. Now, there is an existing curb 6 there that protects the house. I believe she’s 7 the house to the left of this property. And 8 there were curb cuts installed to the house to 9 the right. 10 Now, I think it’s very important to make 11 this clear that this is not a commercial 12 driveway. I think there might be some confusion 13 because this was a commercial zone and -- and the 14 variance was sought for the D-2, nonconforming. 15 But this is not a commercial driveway. This is 16 the driveway for the house, for the residents of 17 the house. For the three family house. 18 And -- and we will comply with all the 19 requirements of the Building Department to make 20 sure that your house is safe. There is nothing 21 in particular that I could think of, from a curb 22 standpoint, that would modify that. 23 MS. UMANA: Yeah, but I still have three 24 feet from my house to end and the driveway. I 25 have three feet for -- for my own.  67 1 MR. PEREIRAS: Um hum. You do. 2 MS. UMANA: And -- and then I called the -- 3 MR. PEREIRAS: Oh, that’s great. You’re on 4 the left hand side. So, there’s actually a -- 5 MS. UMANA: Right. Right. 6 MR. PEREIRAS: There’s space between -- 7 MS. UMANA: I have -- I’m inside in the 8 driveway. 9 MR. PEREIRAS: So, there’s a little bit of 10 space. You said three feet, so you have a little 11 bit of space between where the cars park and your 12 house. So, your house is well protected. 13 MS. UMANA: So, but I like, he put a gate 14 protection for -- 15 CHAIRPERSON GRULLON: Like a fence type. 16 MS. UMANA: -- protect the house, because 17 otherwise, they going to hit my house, and it’s 18 no way -- nobody’s going to know who hit it and I 19 don't want to have a problem that way. 20 CHAIRPERSON GRULLON: Okay. 21 MS. UMANA: Because people go in and out 22 any time, because it’s going to be for rental 23 driveway. 24 CHAIRPERSON GRULLON: Thank you, Ms. Umana. 25 Mr. Spatz has some suggestions.  68 1 MR. SPATZ: Yeah. Ms. Pereiras, maybe -- 2 you know, I’m not sure that a guardrail would be 3 particularly attractive, but is it possible to 4 put some bollards along that? You have enough 5 room, might it be possible to do that? A fence 6 would work also between the property lines, but 7 you know, is it possible? I think the chance of 8 -- of a car hitting the house is limited, but to 9 -- you know, make it comfortable -- you know, for 10 her, even if it’s -- you know, just the first 11 space there. 12 MR. PEREIRAS: I -- I think we could 13 definitely provide the bollard. I’m not sure if 14 she would like that. It’s not very attractive to 15 have in this residential neighborhood. 16 What -- 17 MR. SPATZ: Right. 18 MR. PEREIRAS: -- Mr. Spatz is suggesting 19 is a bollard. A bollard is basically a pipe that 20 comes out of the ground, that is for impact 21 protection, so that if a car would hit the pipe 22 and not your house. 23 Would that be satisfactory? 24 MS. UMANA: But -- yeah. But how many -- 25 MR. PEREIRAS: We would put that in the  69 1 corner so that your -- the house -- the corner of 2 your house is protected. Most of the cars are in 3 the driveway, it’s very -- it’s almost impossible 4 to have any speed to really hurt your house. 5 MS. UMANA: Well, depend how it look like 6 because the only way I’m worry about is the cars 7 hit my house because there’s no protection there. 8 Nothing. 9 MR. PEREIRAS: Okay. 10 MS. UMANA: It’s in there. 11 MR. PEREIRAS: Okay. 12 MS. UMANA: Any -- any car can hit. 13 MR. PEREIRAS: So, we could put the 14 bollard. We’ll put the bollard right at the 15 corner, so that it protects your house. 16 MS. UMANA: But in the -- but not in the 17 corner. It have to be like a line, like a gate, 18 the protection. Like a fence, you know? 19 MR. SPATZ: Yeah. I mean is it possible -- 20 MS. UMANA: Like a fence. 21 MR. SPATZ: Is it possible to put a -- 22 MS. UMANA: Fence. 23 MR. SPATZ: -- four foot -- 24 MR. PEREIRAS: You want a fence? 25 MR. SPATZ: -- fence along --  70 1 MS. UMANA: Fence. Yes. 2 MR. SPATZ: -- the property line? 3 MS. UMANA: Yes. I -- 4 MR. PEREIRAS: We could definitely put a 5 fence. Okay. It -- 6 MS. UMANA: A fence. 7 MR. PEREIRAS: It doesn’t do much 8 protection. You’re just going to have a fence 9 right up against your house, on the side. Would 10 you like that? 11 MS. UMANA: Yeah, but not -- not any fence. 12 You know, something stronger than -- 13 MR. PANEQUE: A guardrail? 14 MS. UMANA: -- protection. You know, my 15 house. 16 MR. SPATZ: Yeah. 17 MR. PANEQUE: Guardrail. A guardrail. 18 MR. SPATZ: Yes. I think -- I mean, a 19 guardrail would be ideal. 20 MR. PEREIRAS: We could do a guardrail. 21 MR. SPATZ: But I think that would be the 22 least attractive -- 23 MR. PEREIRAS: Yes. 24 MR. SPATZ: -- option for this. So, I 25 think perhaps a -- you know, four foot -- you  71 1 know, PVC fence -- you know, along that -- 2 MR. PEREIRAS: Um hum. 3 MR. SPATZ: -- on your property line would 4 still give the protection or -- you know, three 5 or four bollards, just in line there, just to 6 protect it. I think -- 7 MR. PEREIRAS: Um hum. 8 MR. SPATZ: -- you know, obviously whatever 9 the Board feels are -- are -- 10 MR. PEREIRAS: I agree with Mr. Spatz. We 11 can make the bollards along, so that they’re 12 strong. And then, we can have a little bit of a 13 nicer fence between the bollards, just to make it 14 more attractive. 15 MS. UMANA: Yeah. I think -- 16 MR. PEREIRAS: Okay. 17 MS. UMANA: Also, but is going to be the 18 inspector he say from the wall to the house four 19 feet -- 20 MR. PEREIRAS: No. 21 MS. UMANA: -- there. 22 MR. PEREIRAS: It’s going to be right on 23 our property line, zero feet. There’s no setback 24 requirement that we have to meet. 25 MS. UMANA: What you mean? How will the --  72 1 be -- is going to be the space for that? 2 MR. PEREIRAS: It’s -- 3 MS. UMANA: The house? Because I have 4 three feet inside there for the house. Three 5 feet. 6 MR. PEREIRAS: So, our -- our fence is 7 going to be right on our property line. Right at 8 the edge. 9 MS. UMANA: Yeah. But I -- I don't want 10 something close to my house. A fence close to my 11 house because that is not -- 12 MR. PEREIRAS: It’s -- it’s one way or the 13 other. We could either provide the fence, but 14 we’re not going to provide a fence inside our 15 property line. It’s not required. We’re not -- 16 we have no requirement to have a setback on this 17 zone because of the -- the requirements of the 18 zone. 19 If you were in a different place in Union 20 City, the requirements are a little bit 21 different. But there is no requirement to move 22 it in. And the reason I don't want to move it 23 in, and it’s not just because -- because I don't 24 want to accommodate you, but if you move it in, 25 we don’t have room for the cars to park  73 1 comfortably and back out. Those three feet are 2 very critical. That’s why we could have one park 3 -- car parked on one side, one on the other, and 4 have room in between them to move. 5 MS. UMANA: Yeah. But how many feet do you 6 think they going to put that fence? 7 MR. PEREIRAS: That's going to be right at 8 the property line. 9 MS. UMANA: That -- that I not agree about 10 that. Right on the property line now. 11 MR. PANEQUE: Okay. 12 Ma’am? 13 MS. UMANA: Right on the wall I not -- 14 MR. PANEQUE: Okay. 15 MS. UMANA: -- agree. 16 MR. PANEQUE: I have to explain to you. 17 MS. UMANA: Yeah. 18 MR. PANEQUE: They have the right to put a 19 fence on their property line. You can only have 20 a right to what’s yours, on your side of the 21 line. 22 Okay? 23 But you cannot request that they put their 24 fence into their property. Just like they can’t 25 put their fence into yours, they can just put it  74 1 right where the line is. 2 Now, if you have -- I -- I don't know how 3 many feet she has. You -- you’re claiming you 4 have three feet? 5 MR. PEREIRAS: She does not. She has -- 6 MS. UMANA: Three feet. 7 MR. PEREIRAS: -- less than three feet, but 8 I don't have her survey. 9 MR. PANEQUE: Okay. 10 MR. PEREIRAS: But from -- from scale, I 11 think she has about 12 inches. 12 MR. PANEQUE: Twelve inches? 13 MR. PEREIRAS: Yes. 14 MR. PANEQUE: Okay. 15 You’re going to be left with 12 inches. 16 You’re going to be left with about a foot, if 17 they put on this fence all alongside their 18 property line. 19 Okay? 20 The first suggestion was to put one bollard 21 in the corner, which would protect the cars 22 coming in from hitting your house. 23 Once the car is inside that driveway, 24 they’re not going at any rate of speed where 25 they’re going to crash into your house. And  75 1 usually, that one corner bollard is enough to 2 protect what you’re concerned about. 3 If you want that row of -- of bollards, 4 which are columns, in -- they’re going to be 5 placed right on the property line. 6 MR. PEREIRAS: And my assumption, and I 7 can’t say this for sure, but what you -- the 8 three feet that you think is your property, I 9 have a feeling that is actually there on your 10 neighbor’s property, on this property, because it 11 looks like from the surveys and everything that 12 there is very little space between your house and 13 the property line. 14 MS. UMANA: I don't know what you mean? 15 That this the driveway side, or the other side? 16 What are you talking -- 17 MR. PEREIRAS: Let -- let me demonstrate it 18 on the drawing, just so that you see. 19 This dark line, that’s the property line. 20 Okay? 21 This line here, that’s your house. You see 22 how little space there is between the two? 23 That’s about 12 inches of space. Your house is 24 about 12 inches away from the property line. So, 25 the space that you see, that you feel that --  76 1 that you want to protect, that’s actually on our 2 property. 3 MS. UMANA: Yeah, but if you see there, the 4 other side, the other neighbor, they -- they put 5 protection -- you know, they make a wall in the 6 other side, the other neighbor. They making 7 protection there. Why they don’t do the same 8 like -- like they did? 9 MR. PEREIRAS: That curbs? The curb stops? 10 MS. UMANA: Yes. They did that for the 11 other neighbor. 12 MR. PEREIRAS: I -- I think we have a 13 solution. I think we could add a curb stop and I 14 think that will -- we could -- we could 15 definitely add curb stops along the property 16 line. Along the property line. 17 We could do that. So, instead of the 18 bollard, what we’re proposing to amend the 19 application that we’ll provide curb stops, 20 basically, or wheel stops for the cars, similar 21 to a parking situation, along the floor to stop a 22 car from going over. 23 MS. UMANA: No, but I prefer the other way, 24 because in case it’s snowing or something, the 25 snow is going to accumulate there and I don't  77 1 want to -- you know, something the two -- 2 MR. PEREIRAS: So, you don’t want the curb, 3 the wheel stops? 4 MS. UMANA: The ones that you say before. 5 MR. PEREIRAS: Okay. So, we’ll provide one 6 bollard in the corner. 7 MS. UMANA: But it’s only one bollard in 8 the corner? But it’s going have to be line. 9 MR. PEREIRAS: Ma’am, we’re trying to work 10 with you. 11 So whatever you like, you tell me the 12 direction you want to go, we want to be as 13 accommodating as possible. So, if you -- speak 14 now. Whatever it is you’d like to see. 15 CHAIRPERSON GRULLON: What about the fence? 16 You didn’t like the fence? 17 MS. UMANA: The fence. The fence, I think 18 is better idea, the fence. 19 CHAIRPERSON GRULLON: Yes. I think just to 20 -- to lay out the -- 21 MS. UMANA: Yes. 22 CHAIRPERSON GRULLON: -- property line -- 23 MS. UMANA: Yeah. 24 CHAIRPERSON GRULLON: -- you know, make 25 sure, I think the fence would be --  78 1 MR. PEREIRAS: Sure. We’ll be happy to 2 put a fence there. 3 CHAIRPERSON GRULLON: Okay. 4 MR. PEREIRAS: Okay. 5 CHAIRPERSON GRULLON: To your -- to your 6 property line. That way her house is protected. 7 MR. PEREIRAS: Okay. 8 MS. UMANA: Okay. 9 MR. PANEQUE: Okay. That will be a 10 condition -- 11 MS. UMANA: Thank you. 12 MR. PANEQUE: -- ma’am. A condition of the 13 approval, if the Board deems fit to approve this 14 application will be that they have to put up a 15 fence along the property line to protect your 16 property. 17 MS. UMANA: Okay. 18 MR. PANEQUE: Okay? 19 MS. UMANA: Okay. No problem. 20 MR. PANEQUE: Thank you. 21 Anything else? 22 MS. UMANA: Thank you. 23 That’s all. 24 MR. PANEQUE: Thank you. 25 CHAIRPERSON GRULLON: Thank you.  79 1 MS. UMANA: Okay. 2 CHAIRPERSON GRULLON: Thank you, Ms. Umana. 3 MS. UMANA: You’re welcome. 4 CHAIRPERSON GRULLON: Any other member of 5 the public? 6 MS. UMANA: Thank you. 7 MR. PEREIRAS: No problem. 8 Thank you. 9 CHAIRPERSON GRULLON: Any other member of 10 the public? 11 Closed to the public. 12 Make a motion to grant the application, 13 with the condition to work out with the neighbor 14 to put a fence to protect the property, 822 28 th 15 Street. 16 THE SECRETARY: Motion on the table to 17 approve this application with the condition by 18 Mr. Grullon. 19 Seconded by Ms. Gutierrez. 20 VICE CHAIRPERSON GUTIERREZ: Second. 21 THE SECRETARY: Roll call on the motion. 22 Mr. Grullon? 23 CHAIRPERSON GRULLON: Yes. 24 THE SECRETARY: Ms. Gutierrez? 25 VICE CHAIRPERSON GUTIERREZ: Yes, with all  80 1 the conditions. 2 THE SECRETARY: Mr. Medina? 3 MR. MEDINA: Yes. 4 THE SECRETARY: Mr. Ortiz? 5 MR. ORTIZ: Yes. 6 THE SECRETARY: Ms. Pena? 7 MS. PENA: Yes. 8 THE SECRETARY: Ms. Perez? 9 MS. PEREZ: Yes. 10 THE SECRETARY: Mr. Cetinich? 11 MR. CETINICH: Yes. 12 THE SECRETARY: Seven in favor. 13 Motion carries. 14 MS. PEREIRAS: Thank you all very much. 15 MR. PEREIRAS: Thank you everyone. 16 THE SECRETARY: Thank you. 17 No Resolution on tonight’s agenda. 18 * * * 19 20 21 22 23 24 25  81 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 Mr. Ortiz. 7 VICE CHAIRPERSON GUTIERREZ: Second. 8 THE SECRETARY: Seconded by Ms. Gutierrez. 9 CHAIRPERSON GRULLON: Okay. 10 Good night. 11 THE SECRETARY: Roll call on the motion. 12 All in favor? 13 14 (Whereupon, there was a chorus of ayes.) 15 16 THE SECRETARY: Any nay? 17 No. 18 Motion carries. 19 Thank you. 20 Have a good night everyone. 21 Let the record indicate that the meeting 22 has ended. 23 24 (Whereupon, the proceedings were concluded 25 at 7:14 p.m.)  82 1 STATE OF NEW JERSEY : 2 : 3 COUNTY OF ESSEX : 4 5 I, DEBRA A. KASZNIAK, assigned transcriber, 6 do hereby affirm that the foregoing is a true and 7 accurate transcript in the matter of the REGULAR 8 MEETING of the UNION CITY ZONING BOARD OF 9 ADJUSTMENT heard on Thursday, January 14, 2021 10 and digitally recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and proofread by: Deborah Dillon