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, April 8, 2021 Commencing at 6:10 p.m. M E M B E R S P R E S E N T: JOHN MEDINA MIGUEL ORTIZ GERALDINE PEREZ, Alternate No. 2 RAYMOND CETINICH, Alternate No. 3 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 ROSIO PENA, Alternate No. 1 MINDRY WATLEY, Alternate No. 4 A L S O P R E S E N T: CARLOS VALLEJO, Secretary to the Board TOMAS R. PANEQUE, ESQ., Board Attorney LAUREN PURDOM, Heyer, Gruel & Associates Board Planner  2 A P P E A R A N C E S: ALAIN MULKAY, ESQ., Attorney for Applicant, 3915 Bergenline Avenue, LLC ADOLFO L. LOPEZ, ESQ., Attorney for Applicant La Q Realty, LLC  3 I N D E X PAGE CALL TO ORDER 6 SALUTE TO FLAG 6 ROLL CALL 7 ADOPTION OF MINUTES 9 HEARINGS 391 Mountain Road, LLC 11 3915 Bergenline Avenue, LLC 16 La Q Realty, LLC 50 ADOPTION OF RESOLUTIONS 81 ADJOURNMENT 83  4 I N D E X 3915 Bergenline Avenue, LLC 3915 Bergenline Avenue WITNESS PAGE Orestes Valella 20 Jill Hartmann 25 E X H I B I T S NO. DOCUMENT PAGE A-1 Series of (3) photographs 27  5 I N D E X La Q Realty, LLC 707 22nd Street WITNESS PAGE Jose Izquierdo 53  6 1 THE SECRETARY: May I have your attention, 2 please? 3 Please take notice that on Thursday, 4 April 8, 2021, at six p.m., a Regular Meeting is 5 scheduled for the Union City Zoning Board of 6 Adjustment, to be held in the Union City High 7 School, located at 2500 John F. Kennedy 8 Boulevard, Union City, New Jersey. 9 Can everybody kindly rise to salute the 10 flag, please? 11 12 (Whereupon, the Pledge of Allegiance was 13 said by all.) 14 15 THE SECRETARY: Thank you. 16 Adequate notice of this meeting has been 17 provided as follow: 18 Notice of this meeting setting forth the 19 time, date, location, to the agenda, to the 20 extent known, was forwarded to The Jersey 21 Journal, The Record, and The Hudson Reporter, has 22 been posted on the bulletin board in City Hall, 23 and has been made available to the public in the 24 Office of the Municipal Clerk. 25 Also, it has been posted on the front door  7 1 of the Union City High School. 2 3 ROLL CALL: 4 5 THE SECRETARY: Roll call for tonight’s 6 meeting. 7 Mr. Grullon? 8 CHAIRPERSON GRULLON: Here. 9 THE SECRETARY: Mr. Marotta? 10 Is absent. 11 Ms. Gutierrez? 12 VICE CHAIRPERSON GUTIERREZ: Here. 13 THE SECRETARY: Mr. Ortiz? 14 MR. ORTIZ: Here. 15 THE SECRETARY: Mr. Pressey? 16 Is absent. 17 Mr. Medina? 18 MR. MEDINA: Here. 19 THE SECRETARY: Ms. Pena? 20 Absent. 21 Ms. Perez? 22 MS. PEREZ: Here. 23 THE SECRETARY: Mr. Cetinich? 24 MR. CETINICH: Here. 25 THE SECRETARY? Ms. Watley’s absent.  8 1 Let the record indicate there are six 2 present. 3 Those absent tonight are Mr. Marotta, Mr. 4 Pressey, Ms. Pena, and Ms. Watley. 5 So we have a full quorum for tonight’s 6 meeting; six members. 7 * * * 8 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 March 11, 2021 4 5 THE SECRETARY: Approval of previous 6 meeting minutes from March 11, 2021. 7 Can I have a motion? 8 CHAIRPERSON GRULLON: Motion. 9 THE SECRETARY: Motion -- 10 VICE CHAIRPERSON GUTIERREZ: Second. 11 THE SECRETARY: Motion by Mr. Grullon. 12 Seconded by Ms. Gutierrez. 13 Roll call on the motion. 14 Mr. Grullon? 15 CHAIRPERSON GRULLON: Yes. 16 THE SECRETARY: Ms. Gutierrez? 17 VICE CHAIRPERSON GUTIERREZ: Yes. 18 THE SECRETARY: Mr. Medina? 19 MR. MEDINA: Yes. 20 THE SECRETARY: Mr. Ortiz? 21 MR. ORTIZ: Yes. 22 THE SECRETARY: Ms. Perez? 23 MS. PEREZ: Yes. 24 THE SECRETARY: Five in favor. 25 Motion carries.  10 1 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  11 1 391 Mountain Road, LLC – 2 391 Mountain Road: 3 4 THE SECRETARY: Hearings and Applications. 5 391 Mountain Road, LLC; Ms. Pereiras. 6 Mr. Paneque, please? 7 MR. PANEQUE: Chairman Grullon, ladies and 8 gentlemen of the Board, members of the public, 9 this afternoon Mr. Vallejo and myself received an 10 email from the office of the applicant’s 11 attorney, Ms. Bianca Pereiras. 12 The email states as following with a 13 letter: 14 Mr. Vallejo, as you know this office 15 represents 391 Mountain Road, LLC in regards to 16 their application for approval before the Union 17 City Board of Adjustment. 18 This matter scheduled for a continuation 19 this evening and, unfortunately, I’m unable to 20 attend the hearing. Please accept my sincerest 21 apologies, I am -- as I am feeling ill. My 22 daughter -- 23 Name left unsaid. 24 -- is also sick. 25 In an abundance of caution and respect to  12 1 the Board and public, I do not believe it would 2 be prudent for me to attend under these 3 circumstances. 4 Kindly carry this matter to the Board’s 5 next meeting without the need to a re-notice. 6 Thank you for your attention and 7 consideration to this matter. 8 Very truly yours, Bianca Pereiras. 9 Mr. Grullon, I also would like to state 10 that around the time that that email was sent, 11 shortly before that -- maybe a few -- ten minutes 12 prior, Ms. Pereiras called my office and she did 13 indicate that she was feeling very ill. She was 14 concerned that she was running a temperature and 15 indicated to me that she didn’t think it would be 16 prudent for her to attend and put everybody’s 17 life at risk. 18 CHAIRPERSON GRULLON: No, we understand 19 that. The Board understand that this -- anyone 20 sick, is better to carry any application and not 21 expose the public and the -- and the Board 22 members -- somebody gets sick. 23 Is she requesting an adjournment to the 24 next -- 25 MR. PANEQUE: The letter is requesting that  13 1 the matter be carried without the need to re- 2 notice. 3 This would be the second adjournment for 4 the applicant. 5 CHAIRPERSON GRULLON: Under the 6 circumstances, I -- I agree, you know, to make 7 the adjournment to the next Board meeting, which 8 is May -- 9 THE SECRETARY: Thirteen. May 13, -- 10 CHAIRPERSON GRULLON: -- May 13. 11 THE SECRETARY: -- 2021. 12 CHAIRPERSON GRULLON: I make a motion to -- 13 THE SECRETARY: Same place. 14 CHAIRPERSON GRULLON: -- carry this 15 application to the May -- May 13 meeting. 16 THE SECRETARY: Motion to carry -- 17 VICE CHAIRPERSON GUTIERREZ: Second. 18 THE SECRETARY: -- this application to May 19 13 by Mr. Grullon. 20 Seconded by Miss Gutierrez. 21 Roll call on the motion -- on the motion. 22 Mr. Grullon? 23 CHAIRPERSON GRULLON: Yes, to carry. 24 THE SECRETARY: Ms. Gutierrez? 25 VICE CHAIRPERSON GUTIERREZ: Yes.  14 1 THE SECRETARY: Mr. Medina? 2 MR. MEDINA: Yes. 3 THE SECRETARY: Mr. Ortiz? 4 MR. ORTIZ: Yes. 5 THE SECRETARY: Ms. Perez? 6 MS. PEREZ: Yes. 7 THE SECRETARY: Mr. Cetinich? 8 MR. CETINICH: Yes. 9 THE SECRETARY: Six in favor. 10 Motion carries. 11 No new notice required. 12 CHAIRPERSON GRULLON: Okay. 13 THE SECRETARY: Thank you. 14 CHAIRPERSON GRULLON: If there is any 15 member of the public here for the application of 16 391 Mountain Road, this application is going to 17 be carried to the next month meeting -- next -- 18 next Board meeting on May 8 th (sic). 19 MR. PANEQUE: Thirteenth. 20 MS. PEREZ: May 13th. 21 THE SECRETARY: No. May 13. 22 VICE CHAIRPERSON GUTIERREZ: Thirteenth. 23 CHAIRPERSON GRULLON: Oh, I -- May 13th. 24 MR. MEDINA: Thirteen, yeah; 5/13. 25 A CITIZEN: May 13th?  15 1 THE SECRETARY: Yes. 2 A CITIZEN: Yeah? 3 VICE CHAIRPERSON GUTIERREZ: Um-hum. 4 THE SECRETARY: The agenda will be posted 5 on the website in the City of Union City. 6 A CITIZEN: Okay. 7 But while we’re here, just May 13th, six 8 p.m.? 9 MR. PANEQUE: Yes. 10 A CITIZEN: Thank you. 11 THE SECRETARY: Same time, same place, -- 12 CHAIRPERSON GRULLON: No new notices 13 required. 14 THE SECRETARY: -- same -- same location. 15 A CITIZEN: Same bat time; same bat 16 channel. 17 Thank you very much. 18 THE SECRETARY: No problem. 19 CHAIRPERSON GRULLON: Thank you. 20 A CITIZEN: Hope she feels better if you 21 speak with her. 22 THE SECRETARY: Right. 23 * * * 24 25  16 1 3915 Bergenline Avenue, LLC - 2 3915 Bergenline Avenue: 3 4 THE SECRETARY: Next hearing on tonight’s 5 agenda, 3519 (sic) Bergenline Avenue LLC. 6 Mr. Mulkay, please? 7 MR. PANEQUE: For the record, I’ve been 8 provided by Mr. Mulkay with the following 9 documentation: 10 I have an affidavit of service, which is 11 signed by Teresa Pacheco, notarized by Johanna 12 Cueto, indicating that notice of tonight’s 13 hearing was provided to all property owners 14 within the 200 foot radius of 3915 Bergenline 15 Avenue within the statutory time limits required. 16 I’ve also been provided with a copy of the 17 notice that was sent to all property owners 18 within the 200 foot radius. 19 Said notice indicates that the matter will 20 be heard tonight, April 8th, at six o’clock, at 21 the Union City High School with this address, and 22 it states the reason what the applicant is 23 seeking in the form of relief from this Board. 24 I’ve also been provided with a copy of the 25 ad that was published in The Jersey Journal with  17 1 a date of publication of March 22nd, 2021. 2 The ad indicates that on -- the matter will 3 be heard today, the 8th of April, at this 4 location, Union City High School. It lists the 5 property address and what the petitioner is 6 seeking. 7 I’ve also been provided with a copy of the 8 list of property owners within the 200 foot 9 radius of 3915 Bergenline Avenue with a date from 10 the tax assessor’s office of March 18 th, 2021. 11 And I’ve also been provided with copies of 12 the certified mail receipts with a postmark date 13 of March 25th, 2021, as well as the certified mail 14 receipts that have come back to date. 15 Based on the documentation that has been 16 provided by Mr. Mulkay, this Board has 17 jurisdiction to proceed and hear this matter. 18 Thank you, Mr. Mulkay. 19 MR. MULKAY: Thank you. 20 CHAIRPERSON GRULLON: No question, Mr. 21 Mulkay. 22 MS. DILLON: I need the names that you 23 read. 24 Thank you. 25 MR. MULKAY: Mr. Chairman, members of the  18 1 Board, my name is Alain Mulkay. 2 I’m here on behalf of the applicant. 3 Just by quick background. 4 This matter was before this Board back in 5 2012. We appeared before the Board. We made a 6 presentation seeking approval to legalize four 7 apartments in an existing building that’s eight 8 residential units currently, with a commercial 9 space downstairs. 10 My clients purchased the building in 2006 11 and they purchased it in that matter. 12 At the time my client was doing some 13 electrical work and when he went to pull permits 14 in 2012 it was discovered that the Building 15 Department records showed it as a four family 16 instead of an eight family. 17 We appeared before this Board, made a full 18 presentation, and the Board approved the 19 legalization of the existing four units. 20 Over the last nine years my client has 21 applied for permits, has obtained permits, and 22 done pretty much all of the work that was 23 required. 24 And when they were about to get the CO the 25 Building Department reviewed the Resolutions and  19 1 realized that it had been more than the statutory 2 time, that the Resolution had expired. 3 So, we’re here before the Board with 4 identical plans, I believe, that were submitted 5 before. The -- the ordinance has changed a 6 little bit. 7 In that initial Resolution we didn’t have 8 the electrical generator that’s up on the roof 9 now, which was put in later with permits. And it 10 was put in later but, since we’re here, we’ve 11 included that as part of the application. It’s 12 really the only change from the application of 13 2012 and we’re seeking to legalize it, so my 14 client could finally get the COs. 15 The file by the Building Department has 16 been misplaced. They can’t locate the file, so 17 they don’t have copies of the permits of when 18 they were pulled and when the stuff was done. 19 And that’s what brings us here today. 20 I have both an architect who prepared the 21 plans and who testified at the 2012 hearing and I 22 have a planner today to testify as to the 23 variances that are required. 24 All right. 25 Mr. Orestes Valella?  20 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. VALELLA: It is. Or I do. 5 MS. DILLON: Please state your name for the 6 record. 7 MR. VALELLA: My name is Orestes Valella, 8 V-A-L-E-L-L-A. 9 I’m a licensed architect in the State of 10 New York and New Jersey. And my professional 11 offices are at 507 43rd Street in Union City, New 12 Jersey. 13 CHAIRPERSON GRULLON: We accept your 14 qualifications, Mr. Valella. 15 It’s a pleasure for the Board to have you 16 back. 17 MR. VALELLA: Thank you. 18 MR. MULKAY: Mr. Valella, could you explain 19 to the Board the plans that we submitted to the 20 Board in this application and how they compare to 21 the original application? 22 MR. VALELLA: Sure. I’d be happy to. 23 I think counsel did a wonderful job. I 24 think most of the details have been stated. 25 We were here in 2012 to legalize four  21 1 units. At that point the units were there. My 2 -- as counsel mentioned, my client bought the -- 3 a -- a building with the units there. It’s not 4 like he went in and did work in the middle of the 5 night. 6 He wanted to legalize something that he had 7 purchased and, you know, became aware of a 8 problem. 9 They are four -- it’s a -- a three story 10 building. There used to be a pharmacy on the 11 ground floor back then but it’s retail space on 12 the -- on the ground floor. And then there are 13 two floors above and each floor has four dwelling 14 units. 15 We were before the Board at that time. We 16 got approved. We prepared construction 17 documents. I believe permits were taken out. 18 Construction -- the repairs that needed to be 19 done, were done. I remember all this. 20 During the process paperwork was lost and 21 we’re trying to get this squared away finally 22 before you once again. 23 The -- no condition is being altered from 24 the original application, with the exception that 25 we’ve added -- and pretty early on in the  22 1 process, perhaps in 2013/14, an emergency 2 generator. Because of the storms that we’ve had 3 and the nature of the pharmacy, the owner wanted 4 to keep power on. 5 You can see a picture of the generator. 6 It’s in the rear yard. 7 The existing retail space, although no 8 longer a pharmacy -- it’s empty at the moment -- 9 but it is an existing retail space. No work to 10 be performed. 11 On the second floor we have four dwelling 12 units, I call them. 13 Apartment number 1, which is a one bedroom; 14 406 dwelling unit. 15 Apartment number 2, is a two bedroom; 521 16 square feet unit. 17 Apartment number 3, is a studio, which is 18 301. 19 And apartment number 4, is a one bedroom, 20 and it is 448. 21 Life safety items were repaired at that 22 time as part of the review of the Building 23 Department. They wanted us to put fire rated 24 self-closing doors; some additional lights in the 25 hallway; exit signs, that kind of thing. And  23 1 that was all done. 2 Apartment -- on the third floor, we have 3 the four additional apartments. 4 Apartment number 5 is a one bedroom; 406 5 square feet. 6 Apartment number 6 is a one -- is a two 7 bedroom -- I apologize; 521 square feet. 8 Apartment number 7 is a one bedroom; 350 9 square feet. 10 And Apartment number 8 is a one bedroom; 11 448 square feet. 12 The zoning table that I prepared is 13 actually the old one. 14 Become aware that your zoning has changed 15 in the last couple years, so I -- we took a copy 16 of the current, so that I can inform you on that. 17 It’s in the CN zone, where all uses are 18 permitted. 19 The lot area that would be required for 20 this building would be 2500 square feet. We 21 actually have more; we have 3,290. 22 The lot width of the -- that is required is 23 25 feet and we have 35. 24 The lot depth would be a hundred. We have 25 91.3 feet.  24 1 The front yard, you’re permitted zero and 2 we have 2.2. 3 The side yards would be either zero or 4 five, if you provide side yards. We have zero 5 and 0.4. 6 The rear yard required would be 20; we have 7 14. 8 You’re allowed four stories and 45 feet. 9 We have three stories and approximately 35 feet. 10 The building coverage. 11 You’re allowed to go up to 80 percent; we 12 have 77. 13 And the build-- 14 I’m sorry. I’m -- dyslexia here. 15 The building coverage. 16 You’re permitted 80 percent and we are 77. 17 The lot coverage. 18 You are permitted to be a hundred and we 19 are at a hundred. 20 You -- the zoning says that each building 21 shall have a maximum of three dwelling units. We 22 have eight dwelling units existing, although the 23 -- as counsel mentioned, the -- the Building 24 Department recognizes it as a four. And that’s 25 the nature of why we’re here.  25 1 We are not doing anything. The building 2 was repaired back in 2013 or thereabouts once we 3 got your approval and we did that work. Nothing 4 needs to be done. The building is in good 5 condition. 6 And we’re, as I understand it, trying to 7 clear up a clerical -- the -- the file was lost. 8 That’s about it. 9 CHAIRPERSON GRULLON: Thank you, Mr. 10 Valella. 11 You -- you want to bring your next witness? 12 MR. MULKAY: Sure. 13 CHAIRPERSON GRULLON: I see you have one 14 more witness. 15 MR. MULKAY: Ms. Hartmann? 16 MS. HARTMANN: Sure. 17 MR. MULKAY: Our next wit-- witness is our 18 planner, Jill Hartmann, who I believe has been 19 recognized by this Board as a professional 20 planner in the past. 21 MS. HARTMANN: Hi. 22 MS. DILLON: Please raise your right hand. 23 Do you affirm the testimony you’re about to 24 give this Board is the whole truth? 25 MS. HARTMANN: Yes.  26 1 MS. DILLON: Could you please state your 2 name and spell it for the record. 3 MS. HARTMANN: Jill Hartmann. It’s H-A-R- 4 T-M-A-N-N. 5 MS. DILLON: Thank you. 6 MS. HARTMANN: You know what? I’m -- I’m 7 just not used to the -- the new normal as we say. 8 I have a series of photos that I -- I have. 9 I don’t know if you want them or not. Because I 10 have my hands on them. 11 MR. PANEQUE: Mr. Mulkay? 12 MR. MULKAY: Is that all right? 13 MR. PANEQUE: Yeah. 14 We just have to have them marked. 15 MS. HARTMANN: Pardon me? 16 MR. PANEQUE: We have to have them marked. 17 MS. HARTMANN: Yes. 18 Thank you. 19 MS. DILLON: Is this one pack? 20 MR. MULKAY: I’ll give you one to mark it 21 and -- (indiscernible) -- like these? 22 A-1 or -- 23 MR. PANEQUE: Do you want to do them as -- 24 are they stapled together? 25 MS. DILLON: They’re stapled together.  27 1 MR. PANEQUE: We’ll do as -- 2 MS. DILLON: So A-1? 3 MR. PANEQUE: Yeah, as one exhibit. 4 Thank you. 5 6 (Whereupon, Series of (3) Photographs, was 7 received and marked as Exhibit A-1.) 8 9 MS. HARTMANN: The reason I’m giving you an 10 aerial is, I think it’s important that you 11 know, -- 12 Can you hear me? 13 CHAIRPERSON GRULLON: Yes. Yes. 14 MS. HARTMANN: The reason I’m giving -- I 15 have the aerial there and the arrows, there’s a 16 small red dot from Google Maps in the middle that 17 shows you our -- our site. 18 And it shows you the public parking lots 19 that are located within one -- to the north is a 20 block and a half; and the other two are about two 21 and a half blocks away. 22 Don’t think -- you know, just so you’re 23 aware of how close public parking is for this 24 site. 25 The second page is a picture of the subject  28 1 site. The corner property is the property to the 2 north of the subject site. The subject site is 3 the -- the three story building that has the -- 4 the dentil molding and -- and whatnot to it. 5 And then the third sheet is just to give 6 you a view looking north with the -- the subject 7 site to the left of -- of the neighborhood. I 8 know you all know it but it’s always nice to have 9 a little reminder of -- of where everything is. 10 Oh, my goodness. 11 So -- so, as Orestes has said, the subject 12 site is an existing three story mixed use 13 building with two floors of -- of residences and 14 eight -- eight units; four units per floor. 15 It’s located in the CN neighborhood, 16 commercial district, which permits mixed use 17 development but three -- now your Ordinance 18 requires or permits a maximum of three units. 19 The property itself, the surrounding 20 neighborhoods, as I said immediately to the north 21 on the corner on Bergenline Avenue is -- and 40th 22 Street is a three story mixed commercial and 23 residential building. 24 Immediately to the south is a one story 25 commercial building. And that’s followed by a  29 1 series of a two story mixed commercial and 2 residential buildings that go down to 39 th Street. 3 Across from the subject site, to both the 4 north and south, are a series of two story 5 commercial buildings with what appears to be 6 generally commercial retail on the ground floor 7 and offices on the second floor. 8 So the application itself is to legalize 9 one existing studio, one one bedroom unit on the 10 second floor, and while it shows as a one 11 bedroom, there is no door to -- to the second -- 12 the second -- the third floor one bedroom, so it 13 could be a -- it could be recognized as a studio. 14 But two one bedroom units on the third floor. 15 The other four units are legal. 16 In addition, the applicant is requesting 17 approval for the emergency generator that’s been 18 installed in the rear yard. 19 It meets the setback requirements of ten 20 feet from the property line, so there’s no 21 variance required for that. And that’s with 22 regards to the mechanical equipment notation that 23 you have on your -- your schedule of -- of bulk 24 requirements. 25 The existing floor plan.  30 1 Again, the ground floor is a commercial 2 use. The second floor has a studio of 301 square 3 feet. Two one bedroom apartments; each one 4 bedroom unit has a living room, dining room, a 5 kitchen, a one bedroom and a full bathroom and 6 they’re 406 square feet and 448 square feet. And 7 then there’s one two bedroom apartment with a 8 living room, dining room, kitchen combination, 9 two bedrooms, and one full bathroom at 521 square 10 feet. 11 And this is actually with the same 12 floorplan on the third floor, with the exception 13 of the one bedroom or studio on the third floor, 14 which has 350 square feet. 15 We’re before you for a use variance because 16 the application proposes to legalize four 17 existing apartments in this mixed commercial and 18 residential building. 19 While it already has four existing 20 apartments, in the zoning ordinance which was 21 adopted in 2019, permits in the CN district only 22 three units. So, therefore, a use variance is 23 required. 24 The main issue with -- that we have to do 25 is we have to prove to you the positive and  31 1 negative criteria, plus -- plus also demonstrate 2 that the site is particularly suited for the 3 proposed use. 4 And based on the Larry Price case, the 5 Supreme Court has upheld the more general 6 understanding of particular suitability and 7 that’s which requires that we demonstrate that 8 this particular property as developed for the 9 post-use serves the general welfare because its 10 location is particularly suited for this use. 11 And I would suggest to you that proposed 12 application does, in fact, promote the general 13 welfare and is particularly well suited for the 14 legalization of these small -- four small 15 apartments, making the subject site an eight unit 16 mixed commercial building. 17 It will, in fact, provide a housing type 18 that’s characterized as small scale apartments 19 that are suitable for its surrounding 20 neighborhood and the environment. They’ve been 21 in place for over 20 years and have shown to be a 22 -- a source of housing that I believe is much 23 needed. 24 With regards to the special reasons, the 25 City of Union City its Reexamination report from  32 1 2019. 2 As far as the goals, I would put to you 3 that it helps preserve the character of this 4 community. That it provides a balance of land 5 use and balanced development patterns. That it 6 preserves -- preserves a character of the 7 surrounding neighborhood. It adds to providing a 8 broad range of housing choices. It encourages 9 the mixed use development in the commercial 10 corridors. And it preserves existing and 11 creating new housing opportunities to middle 12 income and working class families, while 13 balancing an opportunity to attract all market 14 types. 15 It, in fact, maintains the mixed commercial 16 and residential character of the neighborhood 17 along Bergenline Avenue, which consists of a 18 variety of two and three story mixed commercial 19 and residential buildings. 20 While not immediately adjacent to Union -- 21 while immediate -- adjacent, Union City provides 22 public parking on 41st, just in from Bergenline 23 Avenue, which is approximately a block and a half 24 away, with approximately 88 spaces. 25 And it provides public parking on both the  33 1 north and south sides of 37 th Street, which is a 2 couple of blocks away off of Bergenline Avenue 3 with 36 spaces in the north parking lot and 4 approximately 80 spaces in the southern parking 5 lot. 6 With regards to the municipal land use law, 7 I believe the following goals and objectives 8 support the variance. 9 And that is to encourage municipal action 10 to guide the appropriate use and development of 11 all lands in a matter that promotes health, 12 safety, morals, and general welfare. 13 To promote the establishment of -- of 14 appropriate population densities. 15 To provide sufficient space in appropriate 16 locations for a variety of recreational, 17 agricultural, residential and commercial uses. 18 And it also promotes the efficient use of 19 land. 20 The proposed legalization of these small 21 scale studios and one bedroom apartments provides 22 an additional form of multi-family housing 23 development and is consistent with the units that 24 typically utilize mass transit and that are 25 located in walkable communities.  34 1 Bergenline Avenue is a heavily walkable and 2 transit-friendly commercial corridor. The public 3 parking located within walking distance and the 4 anticipated small need for parking, it can be 5 accommodated in this way. 6 It’s my opinion that the requested 7 variances can be granted -- or the use variance 8 can be granted without substantial detriment to 9 the public good and will not substantially impair 10 the intended purpose of your zone plan. 11 I did not consider, when I first started to 12 look at this, that there was a density variance 13 that’s related to this but Mr. Spatz’s report 14 notes that a density variance is needed. And I 15 believe that comes from the fact that your 16 ordinance is very specific, that it only permits 17 a maximum of three units; it’s not -- it’s not 18 based upon units per acre. So I couldn’t give 19 you that. 20 So, I would just say the proposed increase 21 in the number of units, in fact, does require a 22 density variance in accordance with your planner 23 for the additional four units. 24 We have to demonstrate the positive and 25 negative criteria and we have to show that --  35 1 that the proposed increase in density above the 2 zoning restricts serve one or more purposes of 3 the zoning -- excuse me -- zoning and is 4 consistent with the overall goals of Municipal 5 Land Use Law and the Master Plan. And that the 6 applicant -- that the increased density itself 7 will not have a detrimental effect on the 8 neighborhood. 9 It's my position that the things that I’ve 10 just said to you, as well -- I can over them 11 again but I believe that it’s all intertwined in 12 the fact that these units, in fact, meet the 13 positive and negative criteria. And that the 14 approval of these units, as they presently exist, 15 will not have a detrimental impact on the 16 surrounding neighborhood based upon the Municipal 17 Land Use Law goals and objectives that I noted in 18 the -- the municipal -- 19 I’m sorry. 20 -- your municipal Master Plan. 21 So what we have with regards to the C 22 variances, the existing building has a few 23 preexisting nonconforming conditions. 24 Lot depth is required to be at a hundred 25 feet. We’re at 91.3 feet. That’s an existing  36 1 nonconforming condition. 2 Rear yard is required to be 20 feet. We 3 have 14 feet. 4 And the unit sizes we don’t comply. 5 I know I think it’s 400 square feet. I 6 couldn’t find it. 7 MS. PURDOM: It is. Yes. 8 MS. HARTMANN: I know it’s somewhere in 9 your ordinance. I looked. I looked. David told 10 me. I believe him. 11 MS. PURDOM: Yes. I can tell you where it 12 is, actually. 13 It’s 11I (12), in the Design Standards. 14 MS. HARTMANN: Ah. Okay. 15 MS. PURDOM: Yes. 16 MS. HARTMANN: All right. 17 So -- 18 MS. PURDOM: Took me a minute as well. 19 MS. HARTMANN: So these are preexisting 20 conditions, however, that will not be impacted or 21 changed or increased as a result of the 22 application, except I would say to you for the 23 four -- the four units that are existing. But 24 the four new units are all under that 400, so we 25 would need a variance from that.  37 1 With regards to off-street parking, the 2 residential development requires 15 parking 3 spaces. And because the site is greater than 4 2500 square feet, the commercial use is required 5 to have parking. And that would be an additional 6 seven spaces, for a total of 22 spaces. 7 Consistent with the general development 8 along Bergenline Avenue corridor, on-street meter 9 parking is provided on both sides of the street, 10 so there’s limited off-street parking provided. 11 Further, the ordinance notes that no 12 off-street parking spaces shall be required for 13 newly constructed non-residential uses on lots 14 fronting on Bergenline Avenue. 15 I know that this is not a new one but I’m 16 just noting that your ordinance recognizes the 17 use of on-street parking for commercial uses. 18 And, again, while not immediately adjacent 19 to the site, Union City provides public parking 20 to the tune of, you know, almost 150 parking 21 spaces within a three block radius. 22 So these ordinance, it’s my opinion, 23 mitigate the parking -- mitigate the off-street 24 parking requirements for both the commercial and 25 the residential uses.  38 1 And, given the size of the units, the small 2 scale of them, they really lend themselves to 3 people who don’t use -- have cars but use mass 4 transit. And, again, if you have a car, there is 5 public parking. 6 Again, with regards to the C variances, we 7 need to demonstrate the positive and negative 8 criteria. 9 And I would put to you again that it -- 10 that this helps preserve the character of the 11 surrounding community. The building is well 12 maintained. It’s got a historical -- you know, 13 it really has an old historical fenestration to 14 it. 15 It preserves the character of the 16 neighborhood. It’s not changing anything that’s 17 been there for more than 20 years. 18 It provides a broad range of housing 19 choices. It adds a choice for people who live in 20 this community. 21 It continues to encourage mixed use 22 development in the commercial corridors. And I 23 would say that it maintains the -- again, the 24 mixed commercial and residential character of 25 this area -- of Bergenline Avenue, where it has a  39 1 variety of two and three stories mixed use 2 buildings. 3 And that really -- I have the same 4 Municipal Land Use Law goals and objectives, so 5 that I would just say that the proposed 6 legalization of this small scale two studio and 7 two bedroom units -- two one bedroom units, 8 provides again an additional form of multi-family 9 development that’s consistent with unit types 10 that typically use mass transit, don’t require 11 cars, walk to work. And -- and this street is a 12 highly walkable and transit friendly commercial 13 corridor. 14 So I would -- I would put to you that it -- 15 it -- as far as the negative criteria’s concerned 16 that these -- this variance can be granted 17 without substantial detriment to the public good, 18 nor will have any substantial impact on your 19 Zoning Ordinance or the Master Plan. 20 That’s it. 21 CHAIRPERSON GRULLON: Thank you very much. 22 That concludes your presentation? 23 MR. MULKAY: It does. 24 CHAIRPERSON GRULLON: Okay. 25 I just want to direct -- going to direct my  40 1 question to you and maybe they can answer it. 2 The application in front of us is to 3 legalize four apartments? 4 MR. MULKAY: Correct. 5 CHAIRPERSON GRULLON: And, as you 6 mentioned, you -- 7 MR. MULKAY: And -- and the -- and the 8 generator in the back. 9 CHAIRPERSON GRULLON: And the generator. 10 MR. MULKAY: Even though no variance is 11 required, Sal asked that we present -- 12 CHAIRPERSON GRULLON: And that -- 13 MR. MULKAY: -- it to you. 14 CHAIRPERSON GRULLON: I was going to ask 15 that. 16 Can someone cover a little bit about the 17 generator? 18 MR. MULKAY: There -- there’s no -- I 19 believe -- Jill, did -- 20 MS. HARTMANN: Yes, the generator’s located 21 in the rear yard. And from -- I would look at 22 this as mechanical equipment. 23 CHAIRPERSON GRULLON: Yes. 24 MS. HARTMANN: I couldn’t find anything 25 with regards to accessory structures.  41 1 CHAIRPERSON GRULLON: But I mean -- I -- I 2 heard that you mention that you got permits to 3 install it? 4 MR. MULKAY: Yes, with the generator we had 5 permits. 6 CHAIRPERSON GRULLON: And when was 7 installed? 8 MR. MULKAY: I’m sorry? 9 CHAIRPERSON GRULLON: When was the 10 generator installed? 11 MR. MULKAY: 2013? 12 A VOICE: Yes. 13 CHAIRPERSON GRULLON: Okay. 14 MR. MULKAY: 2013. 15 CHAIRPERSON GRULLON: After the previous 16 approval? 17 MR. MULKAY: After -- it was after the 18 previous approval, yes. It was installed after 19 the previous approval. That’s why it wasn’t part 20 of the application at that time. 21 CHAIRPERSON GRULLON: Okay. 22 And -- 23 MR. MULKAY: But -- but we don’t need -- 24 just for the record, we don’t need variance 25 approval for the installation of the generator.  42 1 Just because it was added, Sal requested that we 2 include it in our application. 3 CHAIRPERSON GRULLON: Okay. I see. 4 See another question that I have, I know 5 that -- it was probably required at that time, 6 you know, parking on-site. But now, on 7 Bergenline Avenue, parking is not required. We - 8 - the new ordinance call for apartments on top 9 and business on the ground floor -- you know, 10 business on the ground floor. And even though if 11 you were to provide parking, we will not approve 12 that because we don’t want any curb cuts on 13 Bergenline Avenue, just -- just for the record. 14 MR. MULKAY: Understood. 15 CHAIRPERSON GRULLON: Because I -- I know 16 that, according to your -- to your table, 17 you’re -- 18 MR. MULKAY: Right. 19 CHAIRPERSON GRULLON: -- requiring for a 20 variance for 22 parking spaces. 21 VICE CHAIRPERSON GUTIERREZ: Um-hum. 22 CHAIRPERSON GRULLON: Okay. 23 MR. MULKAY: Correct. It’s -- 24 CHAIRPERSON GRULLON: Okay. 25 MR. MULKAY: Are you making a comment or  43 1 you’re asking a question? 2 CHAIRPERSON GRULLON: I’m just making a 3 comment on that. 4 MR. MULKAY: Okay. 5 CHAIRPERSON GRULLON: Okay. 6 MR. MULKAY: Okay. 7 CHAIRPERSON GRULLON: No, no. 8 MR. MULKAY: Understood. 9 CHAIRPERSON GRULLON: I just want to -- 10 MR. MULKAY: I -- I -- 11 CHAIRPERSON GRULLON: -- put that on the -- 12 MR. MULKAY: -- I agree with what you just 13 said. 14 CHAIRPERSON GRULLON: -- record that 15 even -- 16 MR. MULKAY: Yes. 17 CHAIRPERSON GRULLON: -- if you decide 18 to -- 19 MR. MULKAY: Right. 20 CHAIRPERSON GRULLON: -- request for -- 21 MR. MULKAY: They wouldn’t provide it. 22 CHAIRPERSON GRULLON: -- parking, -- 23 MR. MULKAY: Correct. 24 CHAIRPERSON GRULLON: -- in Bergenline 25 Avenue it’s not permitted --  44 1 MR. MULKAY: Correct. 2 CHAIRPERSON GRULLON: -- the -- after the 3 zoning -- the zoning changes in 2013. 4 That -- and another thing that I want to 5 say is that all these safety requirements, were 6 they addressed, you know, I heard that Mr. 7 Valella mention fire rating walls. Did they -- 8 did they address that on the previous resolution 9 -- on the previous approval? 10 MR. VALELLA: Yes. 11 Once we got approved, -- I’m going by 12 memory but once we got approved, we reviewed the 13 plans with the Building Department and they 14 requested a series of things. Fire rated doors 15 and lights and emergency lights. So all that 16 work was done. Yes. 17 CHAIRPERSON GRULLON: So that means there 18 is no -- 19 MR. VALELLA: There shouldn’t be any -- 20 CHAIRPERSON GRULLON: -- additional work 21 that you need to do -- 22 MR. VALELLA: No, there’s -- 23 CHAIRPERSON GRULLON: -- in the building? 24 MR. VALELLA: -- no additional work to be 25 done.  45 1 MR. MULKAY: So just -- just by way of 2 background. 3 Your Resolution, I think -- I believe I 4 provided a copy to you but your Resolution always 5 requires that we comply -- 6 CHAIRPERSON GRULLON: I was looking for 7 that. 8 MR. MULKAY: -- with the Building 9 Department requirements. 10 We provided a copy with it but I could pull 11 a copy quickly. 12 Typically requires that we comply with the 13 Building Department requirements and they imposed 14 all those requirements as part of their review 15 process. 16 MR. PANEQUE: The Resolution Mr. Vallejo -- 17 CHAIRPERSON GRULLON: Any member of the -- 18 MR. MULKAY: If I could, it’s the -- 19 CHAIRPERSON GRULLON: -- Board have any 20 questions? 21 MR. MULKAY: -- it’s the last page -- it’s 22 the last page of the -- 23 Do you have a copy of the Resolution? 24 CHAIRPERSON GRULLON: I -- I just got it. 25 MR. MULKAY: It’s the last page, the very  46 1 last paragraph in the Resolution requires that he 2 comply with all the zoning ordinances, building 3 codes, health codes, and any other applicable -- 4 (indiscernible) -- regulations. 5 So the Building Department looked at it at 6 the time and I believe requested some changes 7 that the architect took -- that the architect had 8 just testified -- Mr. Valella had just testified 9 were actually done already. 10 And I don’t believe -- 11 Mr. Valella, has -- has it changed that it 12 requires additional -- have there been changes in 13 the Building Code that requires additional work? 14 MR. VALELLA: No, not that I’m aware of. 15 MR. MULKAY: Okay. 16 Thank you. 17 Tom, I have a copy if you want. 18 MR. PANEQUE: I have it. 19 CHAIRPERSON GRULLON: I can’t find it. 20 It was not -- 21 MR. PANEQUE: Here. 22 Should be at the last paragraph. 23 MR. MULKAY: The last paragraph. 24 CHAIRPERSON GRULLON: And the last -- my 25 last question is at that time, when you were  47 1 making changes on the apartments, you know, -- 2 MR. MULKAY: The -- 3 CHAIRPERSON GRULLON: -- on the -- under 4 this -- 5 MR. MULKAY: Correct. 6 CHAIRPERSON GRULLON: -- Resolution, the 7 size of the apartment was the same? 8 This is a preexisting condition? 9 MR. VALELLA: Yes. 10 When we came before you, these are the same 11 layouts. We weren’t -- they were not altered. 12 CHAIRPERSON GRULLON: Okay. 13 There was eight apartment the last time? 14 MR. VALELLA: Eight apartments. 15 Exactly how they are now is how you 16 approved them back then and how they are today. 17 CHAIRPERSON GRULLON: Okay. 18 MR. MULKAY: So the -- so the changes were 19 more akin to fire exit signs, to fire rated 20 doors, to fire rating some of the walls? 21 MR. VALELLA: Yes. 22 MR. MULKAY: So there were no modifications 23 as to the size of the bedrooms, the size of the 24 apartments or anything? 25 MR. VALELLA: No changes to the layouts  48 1 were required. 2 CHAIRPERSON GRULLON: All right. No 3 problem. 4 I don’t have any more questions. 5 You have any questions? 6 Okay. 7 Any member of the public want to step 8 forward? 9 Hear none. 10 Taking into consideration that this 11 application was already approved, we’re just 12 trying to clarify the documents here, I will make 13 a motion to grant this application. 14 THE SECRETARY: Motion to grant the 15 application by Mr. Grullon. 16 VICE CHAIRPERSON GUTIERREZ: I’m seconding. 17 THE SECRETARY: Seconded by Ms. Gutierrez. 18 Roll call on the motion to approve this 19 application. 20 Mr. Grullon? 21 CHAIRPERSON GRULLON: Yes. 22 THE SECRETARY: Ms. Gutierrez? 23 VICE CHAIRPERSON GUTIERREZ: Yes. 24 THE SECRETARY: Mr. Medina? 25 MR. MEDINA: Yes.  49 1 THE SECRETARY: Mr. Ortiz? 2 MR. ORTIZ: Yes. 3 THE SECRETARY: Ms. -- Ms. Perez? 4 MS. PEREZ: Yes. 5 THE SECRETARY: Mr. Cetinich? 6 MR. CETINICH: Yes. 7 THE SECRETARY: Six in favor. 8 Motion carries. 9 MR. VALELLA: Thank you. 10 MR. MULKAY: Thank you. 11 THE SECRETARY: Thank you. 12 CHAIRPERSON GRULLON: Thank you. 13 Thank you. 14 MR. MULKAY: Thank you, Mr. Chairman. 15 Thank you. 16 17 (Whereupon, there was a pause in the 18 proceedings.) 19 * * * 20 21 22 23 24 25  50 1 La Q Realty, LLC - 2 707 22nd Street: 3 4 THE SECRETARY: Next application on 5 tonight’s agenda, La Q Realty LLC, 707 22nd 6 Street. 7 Mr. Lopez, please? 8 MR. PANEQUE: For the record, I’ve been 9 provided with the following documentation: 10 I have an affidavit of service, signed by 11 Mr. Adolfo Lopez, indicating that notice of 12 tonight’s hearing with respect to the property at 13 707 22nd Street, was sent to all property owners 14 within a 200 foot radius, as well as published in 15 the local newspaper. 16 I have a copy of the affidavit of 17 publication from The Jersey Journal. Said 18 affidavit indicates that notice of today’s 19 hearing will be heard today at the Union City 20 High School location with respect to the property 21 in question. 22 I have a copy of the notice that was sent 23 out to all property owners within the 200 foot 24 radius. It states that notice will be heard 25 today, the 8th of April, at six o’clock, at this  51 1 location, Union City High School, with respect to 2 the property at 707 22nd Street. The applicant 3 will seek the variances necessary for the 4 proposed project. 5 And I have the certified mail receipts with 6 a postmark date of March 23 rd, 2021. 7 Based on the information that has been 8 provided, this Board has jurisdiction to proceed 9 and hear this matter. 10 Mr. Lopez, you have a copy of the tax 11 assessor’s list? 12 MR. LOPEZ: It was -- 13 MR. PANEQUE: Was that provided? 14 MR. LOPEZ: -- submitted to Mr. Vallejo. 15 MR. PANEQUE: Okay. 16 We’ll confirm that. That’s the only other 17 document that’s got to be included here. 18 May I see it just so I can have it on the 19 record? 20 Thank you. 21 CHAIRPERSON GRULLON: Everything on record. 22 MR. PANEQUE: Yes. 23 No, the -- 24 MR. LOPEZ: No. 25 MR. PANEQUE: -- the tax assessor’s list,  52 1 Mr. Vallejo. 2 THE SECRETARY: Oh, tax assessor list? 3 MR. PANEQUE: Yes. 4 THE SECRETARY: Oh, let me see. 5 (Whereupon, there was a pause in the 6 proceedings.) 7 MR. PANEQUE: Thank you. 8 Just to supplement the -- what was placed 9 on the record, I have now been provided with a 10 copy of the tax assessor’s list indicating all 11 property owners within the 200 foot radius of the 12 property that has come before this Board on this 13 application. 14 Thank you, Mr. Vallejo. 15 Thank you, Mr. Lopez. 16 MR. LOPEZ: Thank you, Mr. Paneque. 17 If I may proceed? 18 Mr. Chairman, members of the Board, good 19 evening. 20 This is an application for a use variance 21 and some -- some minor bulk variances for this 22 property. 23 It is -- just to give you some background, 24 it’s -- it’s quite an unusual property and 25 probably completely out of place where it’s  53 1 located now. It is on 22nd Street, between Summit 2 and Central Avenue. 3 It is a property that has a long history of 4 many different types of commercial uses. And, 5 again, totally out of place. 6 At one point, as you can see from the 7 photographs that have been submitted, there’s 8 even a loading dock right in the middle of the 9 block on 22nd Street. 10 It had been used as a warehouse, as a 11 grocery store, as -- we think, as a metal 12 fabrication shop. It’s been used for everything, 13 except what it should be used for. 14 The proposal is for -- to remove all of 15 those uses and return it strictly to residential 16 use. There are no expansions at all. All of the 17 work is within the existing building. 18 As my expert this evening, as -- as 19 architect and planner, I have Mr. Jose Izquierdo. 20 And, Mr. Paneque, Mr. Izquierdo has 21 testified many, many times before this Board. 22 I’d ask that he be accepted as an expert witness. 23 CHAIRPERSON GRULLON: Yes. 24 MS. DILLON: Please raise your right hand. 25 Do you affirm the testimony you’re about to  54 1 give this Board is the whole truth? 2 MR. IZQUIERDO: Yes, I do. 3 MS. DILLON: Please just state your name 4 for the record. 5 MR. IZQUIERDO: My name is Jose Izquierdo, 6 New Jersey Architect 09143, New Jersey Planner 7 03385. 8 MR. LOPEZ: And, Mr. Izquierdo, you are 9 familiar with this site and you prepared the 10 plans that have been submitted to the Board for 11 consideration this evening. 12 Is that correct? 13 MR. IZQUIERDO: Yes, it is. 14 MR. LOPEZ: Can you please describe the 15 intent of this project? 16 MR. IZQUIERDO: Good evening, members of 17 the Board. 18 The Zoning Board gains jurisdiction of this 19 application because this -- this is a straight 20 use variance. The applicant is creating a use 21 that is not allowed by zoning, by the revised 22 zoning of July, 2019. 23 The applicant is intending to have a four 24 family house. 25 Of all the uses that counselor was  55 1 describing, I will take it from the last use that 2 I believe was that building, which was a 3 warehouse with a bodega in the front and it had 4 like a loading dock for the bodega and an 5 apartment up on the top. 6 The building is very large because the site 7 is oversized. It’s -- it’s a lot that is like 47 8 feet facing 22nd Street and it becomes a flag lot; 9 it’s very big in the back. And it’s a big 10 building. Actually, that building has 3,040 11 square feet. 12 So, we have an apartment on the second 13 floor and that is where the owner lives right 14 now. 15 The owner and his father intend to occupy 16 this four family house and essentially renovate 17 the interior of the warehouse into three units. 18 And why three units and not two to make it 19 a three family house that -- that would conform 20 to zoning? Because the ground floor is huge. 21 It’s 3,000 square feet. And we would end up with 22 a lot more bedrooms than we’re proposing. 23 So, there’s a lot of positive criteria 24 associated with creating a four family house in 25 this location, as opposed to a three family  56 1 house. 2 A four family house is a more expensive 3 type of construction because it -- everything has 4 to be accessible. 5 In this specific case, all the units that 6 are being constructed, the three units on the 7 ground floor are all accessible. 8 In addition to that, the building is going 9 to be smaller. We’re demolishing that loading 10 dock and all that silliness that we have in the 11 front that doesn’t conform to 22nd Street right 12 now. 13 At the time that this building was a bodega 14 and it was a warehouse with the house and 15 everything, well it kind of like fit into the 16 neighborhood at that time. It doesn’t anymore. 17 The bodega is not a -- a profitable 18 business in that -- in that section. The loading 19 dock is not any -- it’s not anything that I can 20 call more or less than a nuisance. It’s just an 21 obstruction in the middle of 22nd Street. 22 So what the applicant is going to do, he’s 23 going to demolish the entire front of the 24 building and he’s going to create two parking 25 spaces. Actually, both are accessible to the  57 1 handicap. One parking space is going to be 2 assigned for the handicap and the other is going 3 to be a regular parking space. 4 MR. LOPEZ: Mr. Izquierdo, let me interrupt 5 you for one second. 6 You -- is it -- is what the applicant’s 7 proposing to do shown on the second page of your 8 plans, in terms of -- 9 MR. IZQUIERDO: Yes. 10 MR. LOPEZ: -- the front of the house? 11 MR. IZQUIERDO: Yes. 12 MR. LOPEZ: And can you please explain what 13 is that brick wall that we see immediately to the 14 left. 15 MR. IZQUIERDO: Okay. 16 MR. LOPEZ: That’s not visible from the 17 street. 18 Correct? 19 MR. IZQUIERDO: No. 20 From the street, what anybody sees, is the 21 27 foot wide lot. 22 MR. PANEQUE: Mr. Izquierdo, Mr. Lopez made 23 reference to a set of photographs. 24 VICE CHAIRPERSON GRULLON: We don’t have 25 that.  58 1 MR. PANEQUE: We don’t have that. 2 MR. LOPEZ: We -- 3 MR. IZQUIERDO: No, to the plan. 4 MR. LOPEZ: -- we submit -- 5 I’m sorry. 6 MR. PANEQUE: Yeah. 7 VICE CHAIRPERSON GUTIERREZ: No, we don’t 8 have them. 9 MR. MEDINA: Don’t have them. 10 MR. LOPEZ: We submitted photographs, as is 11 required, -- 12 MR. PANEQUE: Okay. 13 Can we mark those? They’re not part of 14 this -- 15 MR. LOPEZ: Certainly. I -- 16 MR. PANEQUE: -- packet. 17 VICE CHAIRPERSON GUTIERREZ: Not in here. 18 MR. PANEQUE: Just so that the Board 19 knows -- 20 MR. LOPEZ: Oh, you’re okay with it? 21 MR. PANEQUE: Yeah. 22 I don’t know if Mr. Vallejo has extra 23 copies or -- 24 If not, we can mark those and -- 25 MR. LOPEZ: The same ones. Sure.  59 1 CHAIRPERSON GRULLON: You have it? 2 THE SECRETARY: Mr. Paneque, the pictures. 3 MR. PANEQUE: Thank you, sir. 4 We have them now. 5 Thank you. 6 MR. LOPEZ: Yeah. 7 Thank you. 8 Thank you. 9 And, Mr. Izquierdo again, before you get 10 into more specifics, you -- I believe you have a 11 survey of this property. 12 MR. IZQUIERDO: I do. 13 MR. LOPEZ: Could you please go over -- 14 over the survey with the Board and explain what 15 the layout of this lot is? 16 MR. IZQUIERDO: Very well. 17 I’ll stand next to the microphone because 18 the young lady over here doesn’t allow me to get 19 too far from the microphone. 20 MS. DILLON: No. 21 MR. IZQUIERDO: I know. 22 So this is 22nd Street. That’s on top of 23 the page. And we have 27 -- 26.03 feet. All 24 that front of the building, all that concrete 25 structure, is all going down.  60 1 We’re demolishing all that and we’re 2 creating the access to the building, which is 3 really very, very -- 4 It’s not very nice right now. We’re going 5 to make it very nice, a nice stair and 6 everything, and then we’re going to have the two 7 parking spaces with the regulatory statutory 8 space for accessibility. 9 The building is an existing one story brick 10 building. It’s all a brick building, one story, 11 that has high ceiling like 14 feet or so high. 12 Not enough for a mezzanine or anything but just 13 enough to have like a nice loft or so. 14 So, as I was saying, we have 3,040 square 15 feet here. The best use, which used to be what 16 Municipal Land Use Law was the standard, for this 17 property is to have the three units on the ground 18 floor with the parking spaces. 19 MR. LOPEZ: And, Mr. Izquierdo, that -- the 20 -- the L at the bottom of that survey, -- 21 MR. IZQUIERDO: That’s the flag lot. 22 MR. LOPEZ: And that is all behind the 23 other house that we see on the photograph. 24 Right? 25 MR. IZQUIERDO: Exactly.  61 1 Exactly. But the nice thing about the 2 project is when we demolish all that thing in the 3 front, our house is going to align with the house 4 on the side, which Mr. Lopez just referred to, as 5 well as the -- the house to our west. 6 So the house to our east is the one that 7 way in the past this owner bought the rear yard 8 of the other guy, created a flag shape lot, and 9 this lot is undersized and ours is oversized. 10 MR. LOPEZ: What material are you proposing 11 for the front of the -- of the new house that’s 12 being created? 13 MR. IZQUIERDO: I don’t have a new house. 14 MR. LOPEZ: No. 15 MR. IZQUIERDO: I’m demolishing part of the 16 building. In any event the front is going to be 17 brick. 18 MR. LOPEZ: The front façade of the new -- 19 MR. IZQUIERDO: Yeah, the front façade is 20 going to be brick. The -- the Board, I know, 21 likes brick and -- and the ground floor is all 22 brick anyway right now. 23 MR. LOPEZ: Okay. 24 MR. IZQUIERDO: In order to approve this 25 project the Board needs to grant three variances;  62 1 the use variance and then the side yard, the rear 2 yard, and the parking. 3 All of them are existing variances. The -- 4 the applicant is really not creating any 5 variance, other than the use variance. 6 However, I bring attention to the parking 7 requirements. That for the existing condition 8 we’re required to have a total of 12 parking 9 spaces. And for the proposed, the four 10 apartments, we’re required to have seven parking 11 spaces. 12 So we’re reducing a deficiency. Right now 13 we have zero. So we need -- we’re short of 12 14 and we’re going to be short five. 15 I think that meets also the special reasons 16 for this property, we’re -- we’re conserving to 17 energy and conservation code because we’re not 18 demolishing this structure and creating more 19 garbage in our landfills. None of that. We’re 20 just renovating an existing structure and not 21 disturbing anybody. 22 I don’t have anything further. 23 MR. LOPEZ: Briefly go over other positive 24 and negative criteria that you have associated 25 with this project.  63 1 MR. IZQUIERDO: Very well. 2 Twenty-second Street is a street that has 3 not seen a lot of the development that other 4 parts of the City has seen. 5 I believe the Altessa was the last and 6 biggest project that was done and they 7 transferred 22nd Street so close to the High 8 School and whatnot. 9 Creating those accessible apartments on -- 10 those accessible units on the ground floor, this 11 being all rental, will provide the applicant with 12 a good space for his father, who’s a -- who’s an 13 elderly person now and will retire this property 14 and will provide the applicant and his father 15 with two rental units. That leads to a stable 16 capital base for the maintenance of the building. 17 The problem with the building right now and 18 the reason that it’s in disrepair is that the 19 building doesn’t generate any income. And in 20 order to have stable -- stable buildings and 21 stable neighborhoods, we have to have buildings 22 that generate some sort of income when it -- they 23 become income producing properties. 24 It's going to be owner occupied and at the 25 end of the day it’s going to be a four family  64 1 with two units occupied by the owner. 2 The application also provides parking and 3 has the aesthetic and it’s also conforming to the 4 energy code and all the conservation code and the 5 -- the whole reason for not demolishing and 6 creating anymore garbage in the State of New 7 Jersey. 8 MR. LOPEZ: And, Mr. Izquierdo, the 9 Building Code would require that this property be 10 fully sprinklered. 11 Is that correct? 12 MR. IZQUIERDO: Yes. 13 MR. LOPEZ: And this would, in fact, all 14 units would be sprinklered if the project is 15 approved? 16 MR. IZQUIERDO: Yeah. 17 Actually, we already have the water 18 sprinkler line ready. We’re ready to go with the 19 sprinkler, yes. We have a sprinkler system; it’s 20 just not connected. 21 But, yes, we’re required to be sprinklered. 22 MR. LOPEZ: Okay. 23 I have nothing else as far as a 24 presentation. I would urge you to approve it. 25 It’s -- what’s there now just doesn’t fit the  65 1 neighborhood. 2 This is a residential neighborhood; 3 strictly residential. And what is there now is 4 -- is a building from a different time and a 5 different place, when Union City had embroidery, 6 sewing factories, mixed in with the residential. 7 That’s not the state of affairs nowadays and this 8 is a much better fit. 9 And I would urge you to approve it. 10 MR. IZQUIERDO: And we’re removing three 11 nuisances. 12 We’re removing the loading dock, which is 13 an eyesore. 14 We’re removing that stupid warehouse that 15 nobody wants it there because who wants 3,000 16 square feet there as a warehouse in that 17 neighborhood. 18 And then also the bodega and the whole 19 thing -- no parking, it’s -- it’s a nuisance. 20 CHAIRPERSON GRULLON: Mr. Lopez, I agree 21 that you’re -- you’re proposing to remove a 22 nonconforming use and creating residential units 23 for the neighborhood, which is something that the 24 City needs. 25 But I just have one concern with this  66 1 application. This sidewalk was just -- you know, 2 just made by the City and it looks -- it looks 3 fantastic. 4 I don’t see -- I mean I -- I can’t see you 5 doing -- removing the lights, removing the trees, 6 to create a curb cut there. And also, to remove 7 parking from the residents. 8 MR. LOPEZ: Well, we are -- 9 CHAIRPERSON GRULLON: It’s a -- it’s a very 10 dense area, as you know. 11 MR. LOPEZ: It is. 12 CHAIRPERSON GRULLON: It’s very difficult 13 to find parking. 14 In my opinion -- and I know that you have 15 the right to present and say what you want -- I 16 will prefer to see this without proposing for 17 parking. 18 MR. IZQUIERDO: Mr. Grullon, I agree with 19 you. The sidewalks that the City has built are 20 absolutely gorgeous. 21 They did the one on 35th Street, which is 22 the street of the brick pavers and then the 23 concrete; very nice. 24 If the Board so desires, we will demolish 25 the building and my drawings, like the one for  67 1 35th Street, will show that that -- that sidewalk 2 will be completely protected with three-quarter 3 inch plywood and the owner will guarantee that 4 that sidewalk will be exactly the same. 5 I don’t need to cut the sidewalk for water. 6 I have a water sprinkler line. I don’t need to 7 repave 22nd Street. I don’t need gas service. I 8 don’t need to touch that -- that sidewalk at all. 9 So if the Board so desires and it so 10 pleases them, I can guarantee to the Board that 11 that’s not going to happen. I’ve been doing this 12 many years in the City. 13 CHAIRPERSON GRULLON: Go ahead, Mr. Lopez. 14 MR. LOPEZ: Mr. Grullon, -- 15 CHAIRPERSON GRULLON: Yes. 16 MR. LOPEZ: -- we certainly would accept 17 your approval. We have -- your proposal. We 18 have no problem with that. 19 As an addition, Mr. Izquierdo is correct, 20 the removal of the loading dock is on -- strictly 21 on the client’s property, so we would not touch 22 the sidewalk at all as part of the construction. 23 So, if you -- 24 MR. IZQUIERDO: And put a beautiful garden. 25 MR. LOPEZ: -- if you -- if your  68 1 recommendation is that we do do this without 2 parking, we certainly would accept your 3 recommendation. 4 But, in addition, the sidewalk would not be 5 touched as part of the construction. 6 CHAIRPERSON GRULLON: Yes, as you can see, 7 it’s not just the sidewalk. You have trees 8 there. 9 MR. LOPEZ: Yes. 10 CHAIRPERSON GRULLON: Lighting in front of 11 the property. 12 MR. LOPEZ: And we have a light. 13 CHAIRPERSON GRULLON: And -- and a light 14 pole that -- 15 MR. LOPEZ: Obviously, -- 16 CHAIRPERSON GRULLON: -- that space very 17 much needed for the -- for the neighborhood. 18 MR. LOPEZ: Understood. 19 CHAIRPERSON GRULLON: Yes. 20 MR. LOPEZ: My client’s proposal would 21 have, obviously, rebuilt everything and there are 22 regulations that require you to use special 23 contractors for sidewalks but we certainly accept 24 your represent -- your recommendation. 25 CHAIRPERSON GRULLON: I mean just want to  69 1 hear from the other member of the -- of the 2 Board, if you have any questions in regard to 3 this application? 4 MR. MEDINA: Yeah, I have a question. 5 Yeah, so I have a question. 6 So on the premise, it’s a -- it’s a bodega. 7 Right? 8 And next to is what -- house. It’s a -- 9 it’s a like -- 10 What is it next -- next to the -- to the 11 bodega? 12 MR. IZQUIERDO: You mean my neighbor? 13 MR. MEDINA: In the front. In the front of 14 the house. 15 MR. IZQUIERDO: My neighbor? 16 No. 17 MR. MEDINA: No, this. 18 MR. IZQUIERDO: No, the building. 19 The building has three levels. Three 20 levels. 21 MR. MEDINA: Yeah. 22 MR. IZQUIERDO: Forget the second floor. 23 That’s a fourth level. 24 MR. MEDINA: All right. 25 MR. IZQUIERDO: So the loading dock was  70 1 built intermediate higher than the warehouse. 2 Okay? 3 So the loading dock is that concrete piece 4 of -- of stump that is there that we need to 5 remove. So that, at that intermediate level. 6 What is to the right of that loading dock, 7 which is I believe your question, it’s like a set 8 of I don’t know how many stairs. It’s just 9 imposing. You need to go all these stairs to get 10 up to the higher elevation and then you have to 11 go down to the higher elevation. It’s just -- 12 it’s just crazy. 13 So all of that has to be removed. And as 14 Mr. Grullon indicated, we’re not going to have 15 anything. We’re going to have like a garden, a 16 fountain, or something like that. 17 And then our application would have to be 18 modified because then I would be needing a -- a 19 variance for seven parking spaces and not only 20 five. 21 MR. MEDINA: Excuse me, but correct me 22 maybe if I’m wrong. 23 But I want to make sure that what I see -- 24 I don’t have the picture exactly of the 25 house but I want to see --  71 1 CHAIRPERSON GRULLON: Here. Here. 2 MS. PEREZ: Yeah, this is -- 3 CHAIRPERSON GRULLON: Here’s the picture. 4 MR. MEDINA: Okay, I see some -- 5 Excuse me. 6 Okay. This is it. 7 Right? 8 MR. PANEQUE: This is it. 9 MR. MEDINA: Okay. 10 MR. PANEQUE: They were going to make -- 11 let me show you here. 12 VICE CHAIRPERSON GUTIERREZ: 13 (Indiscernible). 14 MR. PANEQUE: Give us -- 15 CHAIRPERSON GRULLON: And you said, 16 Izquierdo, typically -- 17 MR. PANEQUE: Debbie? 18 CHAIRPERSON GRULLON: -- you don’t see 19 us -- 20 VICE CHAIRPERSON GUTIERREZ: Give us a few 21 minutes. 22 CHAIRPERSON GRULLON: -- you know asking 23 you not -- not to -- 24 VICE CHAIRPERSON GUTIERREZ: Debbie? 25 MR. MEDINA: Yeah, this is what --  72 1 CHAIRPERSON GRULLON: You don’t see us 2 asking you not to provide parking? 3 MR. MEDINA: -- I’m trying to say. 4 MR. LOPEZ: Hold it. Hold it. Hold it. 5 VICE CHAIRPERSON GUTIERREZ: Give us a few 6 minutes. 7 MR. MEDINA: So this is the warehouse -- 8 MS. DILLON: Wait, wait, wait, hold -- 9 CHAIRPERSON GRULLON: We always want 10 parking. 11 MR. MEDINA: -- I mean the -- the store. 12 MS. DILLON: -- hold on. Hold on. 13 MR. IZQUIERDO: I understand. 14 CHAIRPERSON GRULLON: But in this case, -- 15 MR. PANEQUE: Yes. 16 MR. MEDINA: Bodega. 17 This is -- 18 MR. LOPEZ: This is all off the record. 19 MR. IZQUIERDO: No, I understand 22nd 20 Street. I understand. 21 MR. PANEQUE: Debbie, off the record, 22 please. 23 MR. LOPEZ: Hold it. Hold it. Hold it. 24 MS. DILLON: Wait. Wait. 25 THE SECRETARY: One second please.  73 1 MR. LOPEZ: Wait. This is all off the 2 record. 3 MS. DILLON: Okay. 4 One moment. 5 MR. LOPEZ: Okay. 6 7 (Off the record at 7:10 p.m.) 8 (On the record at 7:12 p.m.) 9 10 MS. DILLON: On the record. 11 (Whereupon, there was a pause in the 12 proceedings.) 13 MR. LOPEZ: All right. Hold on. 14 We got to get back on the record. 15 MR. PANEQUE: On the record. 16 MR. MEDINA: Okay. 17 MS. DILLON: If you could begin again, Mr. 18 Medina. 19 MR. LOPEZ: Yeah. 20 MS. DILLON: I’m sorry. 21 MS. PEREZ: Say it again. 22 MR. MEDINA: Okay. 23 Well my question was, was -- what was 24 exactly on the front of the house? 25 Because I see bodega on the front. Okay.  74 1 And -- and the house in the back. 2 Right? 3 So, -- 4 MR. IZQUIERDO: What you see in the house, 5 -- what you see in the front is not 6 representative; it’s very misleading. 7 What’s really happening right now, is when 8 you see on the right hand side -- and you can 9 correct me if I’m wrong, you have a bunch of 10 steps going up to that loading dock. 11 So the bodega, you would think that you 12 have a little bodega and then you have the 13 chewing gum and things -- 14 No, no, no. 15 This is the -- the real -- bodega going up 16 like eight feet wide. It’s a huge stair. It’s a 17 -- it’s -- it’s a horrible waste of space. It’s 18 just in the middle of anything. It has killed 19 these people that have been residents of Union 20 City for longer than they -- I -- I guess since 21 they got here from Cuba. You know? 22 So they have been here and this building is 23 not producing anything. And what’s the problem? 24 It’s the whole thing. The whole use is wrong. 25 It’s just too big of a building.  75 1 And I think with the -- with the 2 recommendation that Mr. Grullon -- Council Member 3 Grullon has made, I believe that the -- the 4 project will be very nice for the -- for the 5 neighborhood. 6 MR. MEDINA: And at this moment, it’s -- 7 it’s occupied, this house? The -- the house is 8 people living there? 9 MR. LOPEZ: Yes. 10 MR. IZQUIERDO: Yeah. That’s it. 11 MR. MEDINA: Mmm. 12 MR. IZQUIERDO: Only people living there is 13 the -- everything else is -- 14 You know, like they started putting a -- a 15 two by four because they wanted to put a platform 16 for this. And it’s just -- just full of junk. 17 MR. LOPEZ: Only on the second floor. 18 MR. MEDINA: Only second floor. 19 And the first floor, -- 20 MR. LOPEZ: The ground floor is -- 21 MR. MEDINA: -- no. Okay. 22 MR. LOPEZ: -- completely vacant right now. 23 MR. IZQUIERDO: Yes. 24 MR. LOPEZ: If that is the Board’s 25 suggestion, then what -- what I would say is let  76 1 us submit revised drawings. Because the front 2 will now look perhaps somewhat different. 3 VICE CHAIRPERSON GUTIERREZ: Um-hum. 4 MR. LOPEZ: If we are not doing parking, 5 then there’s no reason to knock this down. Maybe 6 it can be revised -- 7 MR. IZQUIERDO: And the zoning table -- 8 MR. LOPEZ: -- or cutback somewhat. 9 MR. IZQUIERDO: -- has to be revised as 10 well. 11 MR. LOPEZ: Of course. 12 CHAIRPERSON GRULLON: I said that you were 13 going to be removing the bodega from there. 14 MR. LOPEZ: Absolutely. 15 CHAIRPERSON GRULLON: Yes. 16 MR. LOPEZ: No -- no change in terms of 17 use. 18 CHAIRPERSON GRULLON: Yes. 19 MR. LOPEZ: But the plans may look someone 20 different. Our -- 21 CHAIRPERSON GRULLON: Yes. 22 MR. LOPEZ: -- rather than all the way to 23 the back, there would be now closer to the 24 sidewalk. And it’s not fair to the Board not to 25 see what the revised plans look like.  77 1 CHAIRPERSON GRULLON: Sure. 2 And you know, Mr. Lopez, I want to thank 3 you for taking that in consideration. Also, 4 thank your clients for, you know, sacrificing and 5 making adjustments. 6 But that’s the desire of the Board, in 7 order to continue making the City the way it is, 8 you know, with lighting and sidewalks and -- and 9 the parking situation for the residents who 10 continue, you know, improvement. 11 MR. LOPEZ: Very well. 12 CHAIRPERSON GRULLON: And -- 13 MR. LOPEZ: We’ll certainly accept and 14 we’ll submit revised plans. 15 MR. IZQUIERDO: Yeah, Mr. Grullon, just -- 16 MR. LOPEZ: If we could carry it? 17 MR. IZQUIERDO: -- for -- for your peace of 18 mind, I’m going to go back to the site. I’m 19 going to see how the City has done the -- the 20 sidewalk. I’m going to show how the existing 21 sidewalk is there with the trees and everything. 22 And I’m -- the -- the stair, everything, is going 23 to remain the same, not hav-- not having no curb 24 cut. And the drawings will also indicate that 25 the -- that we’re not going to have any new  78 1 utilities here. 2 CHAIRPERSON GRULLON: Thank -- thank you, 3 Mr. Izquierdo. 4 In the process of the -- 5 MR. LOPEZ: So, Mr. Paneque, we would then 6 ask for an adjournment to submit revised drawings 7 before the next meeting. 8 CHAIRPERSON GRULLON: Yes. 9 MR. PANEQUE: Mr. Grullon, there’s a 10 request for an adjournment to -- 11 CHAIRPERSON GRULLON: Yes. 12 MR. PANEQUE: -- submit revised drawings. 13 CHAIRPERSON GRULLON: Yes, I make a motion 14 to -- to accept the adjourn-- the adjournment to 15 present revised plans in the next Board meeting 16 on May 13. 17 VICE CHAIRPERSON GUTIERREZ: And I’m 18 seconding. 19 THE SECRETARY: Motion on the -- 20 MR. MEDINA: Second. 21 THE SECRETARY: -- table to adjourn this 22 application by Mr. Grullon. 23 MR. MEDINA: Second. 24 THE SECRETARY: Seconded by? 25 VICE CHAIRPERSON GUTIERREZ: Second.  79 1 THE SECRETARY: That was Mr. Medina. 2 Right? 3 MR. MEDINA: Yes. 4 VICE CHAIRPERSON GUTIERREZ: Yes. 5 THE SECRETARY: Roll call to adjourn this 6 application for May 13, 2021, same place, same 7 time, no new notice required. 8 Roll call on the motion. 9 Mr. Grullon? 10 CHAIRPERSON GRULLON: Yes. 11 THE SECRETARY: Ms. Gutierrez? 12 VICE CHAIRPERSON GUTIERREZ: Yes. 13 THE SECRETARY: Mr. Medina? 14 MR. MEDINA: Yes. 15 THE SECRETARY: Mr. Ortiz? 16 MR. ORTIZ: Yes. 17 THE SECRETARY: Ms. Perez? 18 MS. PEREZ: Yes. 19 THE SECRETARY: Mr. Cetinich? 20 MR. CETINICH: Yes. 21 THE SECRETARY: Six in favor. 22 Motion carries. 23 MR. LOPEZ: Thank you. 24 MR. IZQUIERDO: Thank you. 25 MR. LOPEZ: Thank you so much.  80 1 CHAIRPERSON GRULLON: Thank you. 2 VICE CHAIRPERSON GUTIERREZ: Thank you 3 MR. LOPEZ: See you next time. 4 (Whereupon, there was a pause in the 5 proceedings.) 6 * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  81 1 RESOLUTIONS: 2 3 ( 1) Park Avenue Investments LLC. 3801 Park 4 Avenue. Block 228 Lot 19.01. The applicant 5 proposes to legalize an existing two bedroom 6 apartment in the basement of a multi-family 7 building. 8 ( 2) 3329 Hudson Ave., LLC. 3329 Hudson Avenue. 9 Block 200 Lot 31. Create one apartment by 10 combining 2 ground floor apartments and to 11 convert the existing building into a 5 unit 12 residential building. 13 14 THE SECRETARY: All right. 15 We are going to go to Resolutions now. 16 Adoption of Resolutions. We have two 17 Resolutions on tonight’s agenda. 18 Resolution number 1. 19 Park Avenue Investment, LLC, 3801 Park 20 Avenue. 21 And Resolution number 2. 22 3329 Hudson Avenue, LLC, 3329 Hudson 23 Avenue. 24 These application was approved at the 25 previous meeting -- meeting.  82 1 Can I have a motion to adopt these 2 Resolutions? 3 CHAIRPERSON GRULLON: Motion. 4 THE SECRETARY: Motion by -- 5 VICE CHAIRPERSON GUTIERREZ: Second. 6 THE SECRETARY: -- Mr. Grullon. 7 Seconded by Ms. Gutierrez. 8 Roll call on the motion. 9 Mr. Grullon? 10 CHAIRPERSON GRULLON: Yes. 11 THE SECRETARY: Ms. Gutierrez? 12 VICE CHAIRPERSON GUTIERREZ: Yes. 13 THE SECRETARY: Mr. Medina? 14 MR. MEDINA: Yes. 15 THE SECRETARY: Mr. Ortiz? 16 MR. ORTIZ: Yes. 17 THE SECRETARY: Ms. Perez? 18 MS. PEREZ: Yes. 19 THE SECRETARY: Five in favor. 20 Motion carries. 21 22 * * * 23 24 25  83 1 ADJOURNMENT: 2 3 THE SECRETARY: There being no other 4 application on tonight -- tonight’s agenda, can I 5 have a motion to close tonight’s meeting? 6 Motion by Ms. Gutierrez. 7 Seconded by? 8 MR. ORTIZ: Me. 9 THE SECRETARY: Mr. Ortiz. 10 All in favor, say aye. 11 12 (Whereupon, there was a chorus of ayes.) 13 14 THE SECRETARY: The ayes have it. 15 Let the record indicate that the meeting 16 has ended. 17 Thank you and goodnight, everyone. 18 MR. PANEQUE: Thank you. 19 20 (Whereupon, the proceedings were concluded 21 at 7:19 p.m.) 22 23 24 25  84 1 STATE OF NEW JERSEY : 2 : 3 COUNTY OF ESSEX : 4 5 I, KAREN A. MARINO, 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, April 8, 2021 and 10 digitally recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and proofread by: Deborah Dillon