Zoning Board of Adjustment

1 1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY 2 ZONING BOARD OF ADJUSTMENT 3 : REGULAR MEETING : TRANSCRIPT OF 4 : --------------------: PROCEEDINGS 5 6 Union City High School Media Center 7 2500 Kennedy Boulevard Union City, New Jersey 8 THURSDAY, NOVEMBER 10, 2022 9 Commencing at 6:12 p.m. 10 11 M E M B E R S P R E S E N T: 12 VICTOR M. GRULLON, Chairperson MARGARITA GUTIERREZ, Vice Chairperson 13 MIGUEL ORTIZ (arrive at 6:47 p.m.) ROSIO PENA, Alternate #1 14 GERALDINE PEREZ, Alternate #2 MINDRY WATLEY, Alternate #4 (left at 6:57 p.m.) 15 16 M E M B E R S A B S E N T: 17 LIBERO MAROTTA RAYMOND CETINICH 18 19 A L S O P R E S E N T: 20 TOMAS PANEQUE, ESQ. Board Counsel 21 CARLOS VALLEJO, Board Secretary 22 DAVID SPATZ, PP, Consulting City Planner 23 24 SUSAN BISCHOFF, CCR, RPR 449 Columbia Blvd., Wood-Ridge, NJ 07075 25 201-933-8220 SBischoffccr@yahoo.com  2 1 A P P E A R A N C E S: 2 J. ALVARO ALONSO, ESQ. Attorney for Applicant, Edward Medina 3 J. ALVARO ALONSO, ESQ. 4 Attorney for Applicant, Juan Vizueta 5 ADOLFO LOPEZ, ESQ. Attorney for Applicant, Michael B. Hern 6 ADOLFO LOPEZ, ESQ. 7 Attorney for Applicant, 2705 Bergenline Avenue, LLC 8 BIANCA PEREIRAS, ESQ. 9 Attorney for Applicant, 314 37th, LLC 10 BIANCA PEREIRAS, ESQ. Attorney for Applicant, J.F.K. Realty, LLC 11 BIANCA PEREIRAS, ESQ. 12 Attorney for the Applicant, Christoff Schluender 13 BIANCA PEREIRAS, ESQ. 14 Attorney for the Applicant, Jorge & Zaida Turbay 15 BIANCA PEREIRAS, ESQ. 16 Attorney for the Applicant, Alicia & Oswaldo Toro 17 18 19 20 21 22 23 24 25  3 1 I N D E X 2 PAGE 3 CALL TO ORDER 5 4 SALUTE TO FLAG 5 5 ROLL CALL 6 6 ADOPTION OF MINUTES 7 7 HEARINGS 8 Edward Medina 8 8 Juan Vizueta 11 314 37th Street, LLC 20 9 JFK Realty, LLC 23 Christoff Schluender 25 10 Jorge & Zaida Turbay 27 Alicia & Oswaldo Toro 30 11 Michael B. Hern 33 2705 Bergenline Ave, LLC 50 12 ADOPTION OF RESOLUTIONS 53 13 ADJOURNMENT 56 14 15 16 17 18 19 20 21 22 23 24 25  4 1 I N D E X 2 MICHAEL B. HERN 317 4TH STREET 3 4 WITNESS PAGE 5 JOSE IZQUIERDO 35 6 7 8 E X H I B I T S 9 NO. DOCUMENT PAGE 10 11 NO EXHIBITS MARKED 12 13 14 15 16 17 18 19 20 21 22 23 24 25  5 1 MR. VALLEJO: May I have your attention 2 please? 3 Please take notice that on Thursday, 4 November 10, 2022, at 6:00 p.m., a regular meeting 5 is scheduled for the City of Union City Zoning 6 Board of Adjustment, to be held in Union City High 7 School, located at 2500 John F. Kennedy Boulevard, 8 Union City, New Jersey. 9 Adequate notice of this meeting has been 10 provided as follows: 11 Notice of this meeting setting forth the 12 time, date, location, to the agenda to the extent 13 known, was forwarded to The Jersey Journal, The 14 Record, and The Hudson Reporter, has been posted 15 on the bulletin board in City Hall, and has been 16 made available to the public in the Office of the 17 Municipal Clerk. 18 Before we do roll call for tonight's 19 meeting, can everybody kindly rise to salute the 20 flag, please? 21 22 (Whereupon the Pledge of Allegiance was 23 recited.) 24 25 MR. VALLEJO: Thank you.  6 1 ROLL CALL: 2 3 MR. VALLEJO: Roll call for tonight's 4 meeting. Mr. Grullon. 5 CHAIRPERSON GRULLON: Here. 6 MR. VALLEJO: Mr. Marotta is absent. 7 Ms. Gutierrez. 8 VICE CHAIRPERSON GUTIERREZ: Here. 9 MR. VALLEJO: Mr. Ortiz is absent. 10 Ms. Watley. 11 MS. WATLEY: Here. 12 MR. VALLEJO: Ms. Pena. 13 MS. PENA: Here. 14 MR. VALLEJO: Ms. Perez. 15 MS. PEREZ: Here. 16 MR. VALLEJO: Mr. Cetinich, absent. 17 We have five members present. We have a 18 full quorum to tonight's meeting. 19 * * * * 20 21 22 23 24 25  7 1 ADOPTION OF MINUTES: 2 3 MR. VALLEJO: Approval of previous 4 meeting minutes of October 13th, 2022. Can I have 5 a motion? 6 CHAIRPERSON GRULLON: Motion. 7 MR. VALLEJO: Motion by Mr. Grullon. 8 VICE CHAIRPERSON GUTIERREZ: Second. 9 MR. VALLEJO: Seconded by Ms. Gutierrez. 10 Roll call on the motion. 11 Mr. Grullon. 12 CHAIRPERSON GRULLON: Yes. 13 MR. VALLEJO: Ms. Gutierrez. 14 VICE CHAIRPERSON GUTIERREZ: Yes. 15 MR. VALLEJO: Ms. Pena. 16 MS. PENA: Yes. 17 MR. VALLEJO: Ms. Perez. 18 MS. PEREZ: Yes. 19 MR. VALLEJO: Ms. Watley. 20 MS. WATLEY: Yes. 21 MR. VALLEJO: Five in favor, motion 22 carries. 23 * * * * 24 25  8 1 EDWARD MEDINA - 2 728 SIP STREET: 3 4 MR. VALLEJO: We're going to tonight's 5 first hearing. Edward Medina, 728 Sip Street. 6 Mr. Alonso, please. 7 MR. ALONSO: Good evening, members of 8 the Board. For the record, Al Alonso on behalf of 9 Mr. Medina. The Board may recall that this 10 application was commenced, the Board had requested 11 that we make certain changes to the plans. 12 Revised plans are not ready, so I need to carry 13 this matter, not to December, but to January. 14 CHAIRPERSON GRULLON: Okay. Mr. Alonso, 15 the reason why you wanted to carry it to January, 16 not to December meeting? 17 MR. ALONSO: I'm not available in 18 December. 19 CHAIRPERSON GRULLON: You're going -- to 20 have -- 21 MR. ALONSO: Yeah, I'm sorry. 22 CHAIRPERSON GRULLON: I make a motion 23 to -- 24 MR. VALLEJO: Motion to carry -- 25 CHAIRPERSON GRULLON: -- to January  9 1 meeting. 2 MR. VALLEJO: -- this application for 3 January 2023 meeting. 4 VICE CHAIRPERSON GUTIERREZ: Second. 5 MR. VALLEJO: -- by Mr. Grullon. 6 Seconded by Ms. Gutierrez. Roll call on the 7 motion. 8 Mr. Grullon. 9 CHAIRPERSON GRULLON: Yes. 10 MR. VALLEJO: Ms. Gutierrez. 11 VICE CHAIRPERSON GUTIERREZ: Yes. 12 MR. VALLEJO: Ms. Pena. 13 MS. PENA: Yes. 14 MR. VALLEJO: Ms. Perez. 15 MS. PEREZ: Yes. 16 MR. VALLEJO: Ms. Watley. 17 MS. WATLEY: Yes. 18 MR. VALLEJO: Five in favor, motion 19 carries. I will let you know the date in January, 20 we're working on the schedule. 21 MR. ALONSO: Okay. 22 MR. PANEQUE: Mr. Vallejo, just one 23 second, just an administrative procedure. Mr. 24 Alonso, you waive the statutory time limits on 25 this application, correct?  10 1 MR. ALONSO: Yes. 2 MR. PANEQUE: And since the application 3 will be carried to the January meeting, which we 4 believe it's going to be at this location, there 5 will not be a need to renotice. 6 MR. ALONSO: Thank you. 7 * * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  11 1 JUAN VIZUETA - 2 534 42ND STREET: 3 4 MR. VALLEJO: All right. We're going 5 now to Juan Vizueta, 534 32nd Street. Mr. Alonso, 6 please. 7 MR. ALONSO: Good evening, members of 8 the Board. For the record, Al Alonso on behalf of 9 Mr. Vizueta. 10 This is a request to request an 11 extension of the prior approvals and those 12 approvals have expired. This was an application 13 where my client purchased a piece of property, it 14 was three units in the front, there was a separate 15 building in the back with two units for a total of 16 five units. 17 The building department had indicated 18 that two of the units were not legal units and 19 those were the basement units. The Board approved 20 the application. When my client went to start the 21 construction drawings, it was determined that 22 there were a number of fire safety issues that 23 could not be addressed through the construction 24 and it would be too expensive. So he decided to 25 abandon the approvals at that time.  12 1 Sometime later, he gets a call from the 2 fire department -- fire prevention saying that it 3 is a five unit, he needs to comply with fire 4 prevention. He spends the money to gets the 5 permits, the building department issues the 6 permits, does all the work, gets the approvals. 7 And he's told it's five units, he goes and he 8 re-rents the apartments. So now he's got five 9 apartments rented, two of which are illegal. But 10 he was under the impression that they were somehow 11 legalized, based on the process. 12 Building department comes in and says, 13 what are you doing, you have two illegal 14 apartments, why are you renting them. So I got 15 involved again with Mr. Vizueta and I've been 16 working with Ron Batelho from Scarinci Hollenbeck, 17 the attorney who represents the building 18 department. 19 As a result of that whole incident, he 20 has had an issue with the relocation assistance 21 program through the City that we've been working 22 through. He has summonses that are pending in 23 municipal court, he has violations that are 24 currently pending at the Hudson County 25 Construction Board of Appeals. And I did meet  13 1 with Mr. Batelho and with Felicia from the 2 building department, at the property, in order to 3 resolve all the issues. 4 It was determined that certain 5 variations could be issued for one of the 6 apartments, but not for the others. My client 7 went ahead, as part of a global settlement, to 8 apply for permits to do the work that was 9 necessary. The building department says your 10 approvals have expired, you need to go back to get 11 an extension. 12 So all that is fully documented in terms 13 of all the settlements, the global settlement. My 14 client -- although the Board will be extending the 15 prior approvals, okay, one of those apartments 16 will be abandoned as part of the settlement with 17 the City and the building department. 18 I do have an email from Mr. Batelho that 19 says the building department does support our 20 application for the extension. We will only be 21 proceeding with the one apartment, to legalize it. 22 And the other apartment will be abandoned, but 23 they just need a resolution from the Board 24 extending the approval so they can issue the 25 permits.  14 1 CHAIRMAN GRULLON: Mr. Alonso, based on 2 what you just mentioned, and the history that you 3 have with the fire department and building 4 department and all that, don't you think it would 5 be better for you just to come up and present the 6 application again and try to clear all the issues? 7 I don't want to, you know, allow an extension now 8 and then you go back there and the building 9 department has issues with the extension, which it 10 will probably be the case. 11 I will suggest that you carry this 12 matter, present the drawings again. I'm not sure 13 if that will be a new application. But giving you 14 an extension for something based on what you just 15 explained to me, you have a lot of issues with the 16 fire department. They're probably resolved, but I 17 don't have that in front of me. And you also have 18 issues with building department that now you're 19 saying instead of five, there are going to be four 20 apartments. But I don't have any of the 21 recommendation in front of us here in order for us 22 to advise and give you an extension. 23 MR. ALONSO: But all I'm asking for is 24 just an extension of the prior approvals. All 25 those other issues are within the jurisdiction of  15 1 the building department. And, again, as I 2 indicated, we are currently before the 3 Construction Board of Appeals and those matters 4 have been carried pending a final resolution here. 5 We're currently pending before the municipal 6 court, so all these issues will be resolved with 7 the proper venues that have jurisdiction. I just 8 need an extension. 9 CHAIRMAN GRULLON: When did you say the 10 approval expired? 11 MR. ALONSO: Well, it was approved in 12 September of 2018. 13 CHAIRPERSON GRULLON: For two years. 14 MR. ALONSO: Correct. 15 CHAIRPERSON GRULLON: So it expired in 16 2020? 17 MR. ALONSO: Yes. 18 CHAIRPERSON GRULLON: Here we are, two 19 years after the expiration of the approval. 20 MR. ALONSO: Yes. 21 CHAIRPERSON GRULLON: Again, I would 22 feel better if we review the application again. 23 And I don't think we would have any issues. You 24 want to adjourn and request the extension, for 25 us -- to give us time to review the application, I  16 1 think it would be better. 2 MR. ALONSO: I mean I'll -- 3 CHAIRPERSON GRULLON: I don't want to 4 make a motion to -- 5 MR. ALONSO: I'll always defer to the 6 Board. So if that's what the Board wants me to 7 do, then I have no problem. 8 CHAIRPERSON GRULLON: Mr. Paneque -- 9 MR. ALONSO: I think rather than request 10 for an -- 11 CHAIRPERSON GRULLON: It's a lot of 12 history right now on the application. It's not an 13 application that was not constructed because of 14 funding or because of -- it was because of 15 violations with fire prevention, building 16 department, and it has quite a history. Now I 17 would like to review it before making a motion to 18 extend it. 19 MR. PANEQUE: I understand the 20 Chairman's concerns and they're very legitimate 21 concerns, Mr. Alonso. The legal issues that I see 22 here are a couple. One you're asking for an 23 extension on something that the Board approved, 24 but on your presentation, you're saying that that 25 approval is being modified. For whatever reason,  17 1 it's going now from a five to a four. So it's not 2 what the Board approved that we would be extending 3 here today. 4 The other issue that I see here is that 5 if your resolution was adopted in September of 6 2018, your two period September 2020. Now, there 7 is case law that says that you can come in on an 8 extension application, post the expiration date. 9 But then you only get what's left over for that 10 one year extension. So if you can came in, let's 11 say, November, you would only get ten months 12 through the end of the first year. And then the 13 second extension is also subject to that. 14 MR. ALONSO: Correct. 15 MR. PANEQUE: We're beyond the two year 16 extension. So I don't think that this Board even 17 has the legal authority to extend a resolution 18 which is past two years from the time it expired, 19 legally. And I was trying to look up -- 20 MR. ALONSO: Yeah I didn't look it up. 21 My understanding was that you did. I didn't look 22 it up, so I don't have any legal citation. 23 MR. PANEQUE: I know it's in here. And 24 I know for a fact that if you had come in, let's 25 say, October 2020, two years and two months or a  18 1 month after, we would have been able to give you 2 an extension for the remainder of that year. And 3 then you still had a right to come in -- 4 MR. ALONSO: Correct. 5 MR. PANEQUE: -- not necessarily be 6 granted, but a right to come in and request a 7 second extension, which would have taken you into 8 two years past the expiration of 2020. 9 At this time, we're in November of 2022. 10 So you are well beyond the two years period, which 11 you would have been entitled to, had you come in 12 for those extensions. So not only do we have a 13 request for an extension that doesn't match what 14 was approved, we also have a time period that has 15 expired. 16 MR. ALONSO: The request for the 17 extension is exactly what was approved. I'm 18 saying by way of settlement with the building 19 department, ultimately one of those apartments is 20 going to be abandoned. So we are working on the 21 approved resolution, it's just like a lot of times 22 you get approval here, you can do field changes or 23 other changes during the construction. And it's 24 not exactly what was approved. In this case, by 25 way of settlement, because of all the different  19 1 pending matters, by way of global settlement, it 2 was agreed we would abandon one and retain the 3 other. But, again, I'll defer to the Board. 4 MR. PANEQUE: The Chairman's 5 recommendation is a sound one. Have your client 6 come in with his application, with what has been 7 agreed to by the construction department and him 8 and yourself. And this Board can give you the 9 approval on that. Going forward, there shouldn't 10 be anymore issues. 11 MR. ALONSO: Fair enough. So then at 12 this time, I'll withdraw the request for the 13 extension, so the Board doesn't have to take an 14 action. And then I'll refile with Mr. Vallejo and 15 I'll see you guys next year. I won't see you in 16 December, so happy Thanksgiving, Merry Christmas, 17 happy new year. And I apologize for not wearing a 18 suit today, I wasn't aware I was going to be here 19 this evening. Have a good night. 20 * * * * 21 22 23 24 25  20 1 314 37TH, LLC - 2 314 317TH STREET: 3 4 MR. VALLEJO: We're going to move now to 5 314 37th Street. Ms. Pereiras, please. 6 MS. PEREIRAS: Good evening, Members of 7 the Board. Bianca Pereiras on behalf of the 8 applicant for 314 37th Street, LLC. 9 Board Members, unfortunately, this 10 evening our architect is ill and was unable to 11 come this evening to testify. He is our only 12 expert on this matter, so we won't be able to 13 proceed this evening. 14 MR. PANEQUE: Ms. Pereiras, are you 15 asking that this matter be carried? 16 MS. PEREIRAS: Yes, please. 17 MR. PANEQUE: As this matter has been 18 previously carried a number of times, it looks 19 like it started back in July and we are having a 20 change of venue for the next hearing, which will 21 take place at the Gilmore School, it's going to be 22 a condition that you renotice with a revised tax 23 list. 24 MS. PEREIRAS: That's fine. 25 MR. PANEQUE: And the statutory time  21 1 period in which the Board may hear this case is 2 being waived? 3 MS. PEREIRAS: That is waived, of 4 course. 5 MR. PANEQUE: Thank you. 6 MR. VALLEJO: Can I have a motion. 7 CHAIRPERSON GRULLON: Motion to carry 8 this application -- 9 MR. VALLEJO: For December 8, 2022, at 10 Sara Gilmore Academy; located 1600 Kerrigan 11 Avenue. 12 VICE CHAIRPERSON GUTIERREZ: Second. 13 MR. VALLEJO: Motion by Mr. Grullon. 14 MR. PANEQUE: If anybody here is in the 15 public with respect to the application for 314 16 37th Street, this application is being carried to 17 the December meeting at the Gilmore School. 18 CHAIRPERSON GRULLON: With new notice. 19 MR. VALLEJO: Motion on the table by Mr. 20 Grullon, seconded by Ms. Gutierrez. Roll call on 21 the motion. Mr. Grullon. 22 CHAIRPERSON GRULLON: Yes. 23 MR. VALLEJO: Ms. Gutierrez. 24 VICE CHAIRPERSON GUTIERREZ: Yes. 25 MR. VALLEJO: Ms. Pena.  22 1 MS. PENA: Yes. 2 MR. VALLEJO: Ms. Perez. 3 MS. PEREZ: Yes. 4 MR. VALLEJO: Ms. Watley. 5 MS. WATLEY: Yes. 6 MR. VALLEJO: Five in favor, motion 7 carries. Renotice required. 8 * * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  23 1 J.F.K. REALTY, LLC - 2 4614 KENNEDY BOULEVARD: 3 4 MR. VALLEJO: Moving now to number five, 5 JFK Realty, LLC, 4614 Kennedy Boulevard. Ms. 6 Pereiras, please. 7 MS. PEREIRAS: Bianca Pereiras on behalf 8 of the applicant. 9 Board Members, on this matter, we 10 actually noticed and published and then late last 11 week, we received an email from the tax assessor's 12 office explaining that the list that was provided 13 to us was done so in error. There were actually 14 several public members missing from the list. As 15 such, it's our position that we need to renotice 16 and republish on that one as well. 17 So I'm asking for that matter to please 18 be carried to December 8. 19 CHAIRPERSON GRULLON: On the renotice, 20 you have to mention it's going to be at Sara 21 Gilmore School. 22 MS. PEREIRAS: Absolutely, thank you. 23 MR. PANEQUE: You waive also the 24 statutory time period? 25 MS. PEREIRAS: Of course, counsel.  24 1 CHAIRMAN GRULLON: Make a motion to 2 adjourn this matter to the next Board meeting. 3 VICE CHAIRPERSON GUTIERREZ: I'll second 4 it. 5 MR. VALLEJO: Motion on the table by Mr. 6 Grullon to adjourn this application for December 7 8, 2022 at the Sara Gilmore School, 1600 Kerrigan 8 Avenue; seconded by Ms. Gutierrez. Roll call on 9 the motion. Mr. Grullon. 10 CHAIRPERSON GRULLON: Yes. 11 MR. VALLEJO: Ms. Gutierrez. 12 VICE CHAIRPERSON GUTIERREZ: Yes. 13 MR. VALLEJO: Ms. Pena. 14 MS. PENA: Yes. 15 MR. VALLEJO: Ms. Perez. 16 MS. PEREZ: Yes. 17 MR. VALLEJO: Ms. Watley. 18 MS. WATLEY: Yes. 19 MR. VALLEJO: Five in favor, motion 20 carries. Renotice required, right? 21 MS. PEREIRAS: Yes. 22 MR. PANEQUE: Yes. 23 * * * * 24 25  25 1 CHRISTOFF SCHLUENDER - 2 1801-1803 CLIFF STREET: 3 4 MR. VALLEJO: Next application on 5 tonight's agenda, Christoff Schluender, 1801-1803 6 Cliff Street, Ms. Pereiras please. 7 MS. PEREIRAS: Bianca Pereiras on behalf 8 of the applicant. 9 Similarly on this matter, the only 10 expert is unavailable this evening due to illness. 11 So I will ask for the Board to carry this matter 12 to the December 8th meeting date. 13 CHAIRPERSON GRULLON: Again, Ms. 14 Pereiras, are we going to renotice? 15 MS. PEREIRAS: We will renotice. 16 CHAIRPERSON GRULLON: With the condition 17 to renotice and to waive the statutory time limit? 18 MS. PEREIRAS: Of course, Mr. Chairman. 19 CHAIRPERSON GRULLON: I make a motion to 20 carry this application. 21 MR. VALLEJO: Are we going to open to 22 the public? 23 CHAIRPERSON GRULLON: Is any member of 24 the public here for 1801-1803 Cliff Street? 25 MR. VALLEJO: Motion to adjourn this  26 1 application. 2 CHAIRPERSON GRULLON: Hearing none, 3 close to the public. Motion to adjourn the 4 application. 5 MR. VALLEJO: Motion by Mr. Grullon, 6 seconded by? 7 VICE CHAIRPERSON GUTIERREZ: I'll second. 8 MR. VALLEJO: Seconded by Ms. Gutierrez. 9 Roll call on the motion. Mr. Grullon. 10 CHAIRMAN GRULLON: Yes. 11 MR. VALLEJO: Ms. Gutierrez. 12 VICE CHAIRPERSON GUTIERREZ: Yes. 13 MR. VALLEJO: Ms. Pena. 14 MS. PENA: Yes. 15 MR. VALLEJO: Ms. Perez. 16 MS. PEREZ: Yes. 17 MR. VALLEJO: Ms. Watley. 18 MS. WATLEY: Yes. 19 MR. VALLEJO: Five in favor, motion 20 carries. Renotice required. 21 MR. PANEQUE: Ms. Pereiras, just so the 22 record is clear, you waive the statutory 23 requirement? 24 MS. PEREIRAS: Yes, I do. 25 MR. PANEQUE: Thank you.  27 1 JORGE & ZAIDA TURBAY - 2 731-733 30TH STREET: 3 4 MR. VALLEJO: We're moving to the next 5 application on tonight's agenda, 731-73330th 6 Street, Jorge and Zaida Turbay. Ms. Pereiras, 7 please. 8 MR. PANEQUE: Let the record reflect 9 that I've been provided by Ms. Pereiras with a 10 certification as to publication of service, 11 indicating that notice of tonight's hearing was 12 going to be held at this location at Union City 13 High School with respect to the property at 14 731-733 30th Street. 15 I've also been provided with a copy of 16 the affidavit from The Jersey Journal indicating 17 that notice was published on October 29th, giving 18 notice of the application of this property at this 19 location. 20 I've also been provided with a tax list 21 from October 31, 2022, as well as the certified 22 mail slips with a postmark date of October 31, 23 2022. 24 Let the record also reflect that these 25 documents were previously emailed to my office and  28 1 the Board has jurisdiction to proceed and hear 2 this matter. 3 MS. PEREIRAS: Thank you. Bianca 4 Pereiras on behalf of the applicant. Again, Mr. 5 Pereiras, our architect, is unavailable this 6 evening. So I'm respectfully requesting that this 7 matter be carried to December 8th, without new 8 notice. 9 MR. PANEQUE: Ms. Pereiras, you waive 10 the statutory time limits for this Board to hear 11 the application? 12 MS. PEREIRAS: Yes. 13 MR. PANEQUE: And since this is the 14 first time that this matter is going to be heard, 15 as a condition of the matter being carried, there 16 will not be a need to renotice. 17 MS. PEREIRAS: Thank you very much. 18 MR. PANEQUE: Even though we all 19 understand it's going to be at the Sara Gilmore 20 School. 21 CHAIRPERSON GRULLON: Any member of the 22 public here for this application of 731-733 30th 23 Street? Hearing none, close to the public. 24 With that, I make a motion to grant the 25 adjournment of this application to the next Board  29 1 meeting. 2 VICE CHAIRPERSON GUTIERREZ: I'll second 3 it. 4 MR. VALLEJO: Motion by Mr. Grullon, 5 seconded by Ms. Gutierrez to adjourn this 6 application to the Sara Gilmore School, 1600 7 Kerrigan Avenue on December 8, 2022. Roll call on 8 the motion. Mr. Grullon. 9 CHAIRPERSON GRULLON: Yes. 10 MR. VALLEJO: Ms. Gutierrez. 11 VICE CHAIRPERSON GUTIERREZ: Yes. 12 MR. VALLEJO: Ms. Pena. 13 MS. PENA: Yes. 14 MR. VALLEJO: Ms. Perez. 15 MS. PEREZ: Yes. 16 MR. VALLEJO: Ms. Watley. 17 MS. WATLEY: Yes. 18 MR. VALLEJO: Five in favor, motion 19 carries. No new notice required. 20 * * * * 21 22 23 24 25  30 1 ALICIA & OSWALDO TORO - 2 537 27TH STREET: 3 4 MR. VALLEJO: We moving now to 537 27th 5 Street, Alicia and Oswaldo Toro. Ms. Pereiras, 6 please. 7 MR. PANEQUE: For the record, I've been 8 provided by Ms. Pereiras with a certification as 9 to a certification and service, giving notice of 10 this meeting with respect to the property at 537 11 27th Street. The notice indicates that the place 12 where the meeting will be held will be the Union 13 City High School. 14 I've also been provided with a copy of 15 The Jersey Journal legal affidavit with a 16 certification date of October 29, 2022, giving 17 notice this location of the meeting as well as the 18 tax list from the tax assessor's office listing 19 all property owners with the 200 foot radius of 20 the property located at 537 27th Street, and that 21 tax list has a date of October 26, 2022. As well 22 as the certified mail slips with a postmark date 23 of October 29, 2022. Based on the documentation 24 provided, this Board has jurisdiction to proceed 25 and hear this matter.  31 1 MS. PEREIRAS: Thank you, Counsel. 2 Bianca Pereiras on behalf of Alicia and Oswaldo 3 Toro. As mentioned earlier, our architect and 4 only expert on this matter is ill and unable to 5 present this evening. So we are asking 6 respectfully that this matter be carried to 7 December 8, with no need to renotice. 8 MR. PANEQUE: And you waive your 9 statutory time periods? 10 MS. PEREIRAS: Yes, counsel. 11 MR. PANEQUE: Thank you. 12 CHAIRPERSON GRULLON: Any member of the 13 public here for this application, 537 27th Street? 14 Hearing none, I make a motion to carry this 15 application to December 8 at Sara Gilmore School 16 without new notice. 17 VICE CHAIRPERSON GUTIERREZ: I'll second 18 it. 19 MR. VALLEJO: Motion by Mr. Grullon to 20 carry this application to December 8, 2022 at Sara 21 Gilmore Academy located at 1600 Kerrigan Avenue, 22 seconded by Ms. Gutierrez. Roll call on the 23 motion. Mr. Grullon. 24 CHAIRPERSON GRULLON: Yes. 25 MR. VALLEJO: Ms. Gutierrez.  32 1 VICE CHAIRPERSON GUTIERREZ: Yes. 2 MR. VALLEJO: Ms. Pena. 3 MS. PENA: Yes. 4 MR. VALLEJO: Ms. Perez. 5 MS. PEREZ: Yes. 6 MR. VALLEJO: Ms. Watley. 7 MS. WATLEY: Yes. 8 MR. VALLEJO: Five in favor, motion 9 carries. No new notice required. 10 MS. PEREIRAS: Thank you all very much. 11 I wish you all very happy and healthy thanksgiving 12 and see you in December. 13 VICE CHAIRPERSON GUTIERREZ: Thank you, 14 you, too. 15 * * * * 16 17 18 19 20 21 22 23 24 25  33 1 MICHAEL B. HERN - 2 317 4TH STREET: 3 4 MR. VALLEJO: Next application on 5 tonight's agenda, Michael B. Hern 317 4th Street. 6 Mr. Lopez, please. 7 MR. LOPEZ: Good evening, members of the 8 Board, Adolfo Lopez, appearing on behalf of the 9 applicant, Michael Hern. 10 MR. PANEQUE: For record, I've been 11 provided by Mr. Lopez with an affidavit of service 12 indicating that notice of tonight's hearing with 13 respect to this property located at 317 4th Street 14 was provided to all property owners within the 200 15 foot radius. 16 I've also been provided with an 17 affidavit of publication from The Jersey Journal 18 with a publication date of October 22, 2022, 19 giving notice of this application with respect to 20 this property at 317 4th Street at this location 21 the Union City High School. 22 I've also been provided with a copy of 23 the notice that went out to the property owners. 24 I've also been provided with a tax list 25 from the tax assessor's office noting all property  34 1 owners within 200 foot radius of 317 4th Street, 2 the tax list is dated September 12, 2022. As well 3 as the certified mail receipts with a postmark 4 date of October 19, 2022. 5 Let the record reflect that based on the 6 documentation that has been provided, this Board 7 has jurisdiction to proceed and hear this matter. 8 CHAIRPERSON GRULLON: Mr. Lopez. 9 MR. LOPEZ: Thank you, Mr. Chairman, 10 thank you, Counsel. 11 Just before we get started, I would 12 point out to the Board -- I would call attention 13 to the Board the memorandum from the building 14 department which indicates that this was 15 originally a three-family structure. So that's 16 important, based upon what we're seeking. 17 CHAIRPERSON GRULLON: I do have it. 18 MR. LOPEZ: I would call my architect 19 and planner, Jose Izquierdo. And, Mr. Chairman, 20 Mr. Izquierdo has testified many, many times 21 before this Board and has been previously 22 qualified. 23 CHAIRPERSON GRULLON: Yes, we accept his 24 qualifications. 25 MR. IZQUIERDO: Hi, thank you.  35 1 2 J O S E I Z Q U I E R D O, after having been 3 duly sworn or affirmed, did testify as follows: 4 5 MR. IZQUIERDO: My name is Jose 6 Izquierdo, New Jersey architect 09143, New Jersey 7 planner 03385. My address is 391 Nelson Avenue in 8 Cliffside Park, New Jersey. 9 MR. LOPEZ: Mr. Izquierdo, are you 10 familiar with the plans that are before the Board 11 this evening? 12 MR. IZQUIERDO: Yes, I am. 13 MR. LOPEZ: Was your -- were these plans 14 prepared by you and your office? 15 MR. IZQUIERDO: Yes. 16 MR. LOPEZ: Can you give a general 17 description of what is proposed tonight? 18 MR. IZQUIERDO: Yes. Good evening, 19 Members of the Board. There were two drawings 20 filed in conjunction with the application T01 that 21 shows the site plan, the existing and the proposed 22 condition, also shows conformance to the zoning, 23 and what gives jurisdiction to this body, shows 24 the zoning maps, shows some aerial pictures, shows 25 the front of house, and has the project  36 1 description. The second sheet has the floor 2 plans, existing and proposed. 3 In the first sheet, one of the elements 4 of the application is that we have the opportunity 5 here to create two parking spaces. There's only 6 one parking space now with a curb cut that is 7 12 feet 8 inches wide. And if we JUST make it 8 about 3 feet 10 inches more, we're able to 9 accommodate another car. 10 The existing house is a two-family house 11 in a two-story structure because the basement is 12 not a story above grade. So the rear of the 13 property is very high, but the front of the house 14 allows access into that basement apartment 15 directly. So the stairs right now have an 16 L-shaped configuration. What we're doing is we're 17 taking the stairs -- and that's shown in the first 18 sheet, that's part of the first portion of the 19 application -- is to make the stairs come straight 20 down, so that we have space for two cars. And 21 those spaces would be conforming in width, not 22 conforming in length because they would be 23 overextending into the public right-of-way. 24 And by just adding 3 feet 10 inches to 25 the curb cut, which is right now 12, 8 and making  37 1 that 16, 6, we're able to provide two parking 2 spaces. 3 MR. LOPEZ: Let me stop you one second, 4 Mr. Izquierdo. Relating to the additional 5 three feet approximately of curb cut, would it be 6 fair to say that that would not reduce or 7 eliminate an on-street parking space? 8 MR. IZQUIERDO: Yes, it would. Yes, it 9 would. 10 MR. LOPEZ: Please explain to the Board. 11 MR. IZQUIERDO: Yes. What happens is 12 right now the two-family house, the two units have 13 one parking space. So if we add the basement 14 apartment, we would be required to have 1.8 15 parking spaces. So when you see the variance 16 table, the total number of parking spaces required 17 is 5.8 for three-family, four for two-family. But 18 in providing one additional space, we would be 19 alleviating that condition. 20 This Board gains jurisdiction of this 21 application because this property is located in 22 the R zone, a three-family house is not an allowed 23 use in the R zone, so as such this is a straight 24 D1 building use variance. 25 The lot size required is 2,500 square  38 1 feet, the proposed is 2,500 square feet, which 2 conforms. The lot is 25 feet, we have 25 feet, 3 which conforms. The lot depth is 100 feet, we 4 have 100 feet, which conforms. The minimum front 5 yard is 10 feet, we have 12 feet, 3 inches, which 6 exceeds, but that is also the size of the parking 7 space that we have in the front. The minimum side 8 yard is one side 2 feet and both sides 5. We have 9 on one side 0 feet because that's a property line 10 wall with the neighbor to the east, going closer 11 to Palisade. And on the other side, we have 12 2.9 feet, which is just shy of the 3 feet required 13 for exit of this property. 14 MR. LOPEZ: Those are existing 15 conditions that are not being changed? 16 MR. IZQUIERDO: They're all existing 17 conditions, we're not adding anything to the 18 building. Actually the layout of the apartment, 19 the inside of the existing apartment is like a one 20 bedroom and we're turning it into one bedroom 21 studio, because the meters and the boilers and 22 everything is all within one space. So what we're 23 doing is we're taking the front window of the 24 octagonal projection and turning that into a door. 25 So as you come into -- straight from the  39 1 street from that door, you're going to have the 2 meters to the left, that's shown on the second 3 sheet. And you're going have your mechanical 4 rooms and all your equipment to the right, that 5 being a common area. And from there on, you go to 6 the second door which is the apartment. So the 7 apartment is actually being reduced in size. 8 MR. LOPEZ: Keep going, finish. 9 MR. IZQUIERDO: Exactly. So the rear 10 yard is 25 feet or 25 percent or 25 feet, and we 11 have 32 feet. The lot coverage is 85 percent, we 12 have 80 percent, which conforms. The building 13 height is two stories or 40 feet and we have two 14 stories or 40 feet, which conforms. The parking 15 space, which is the only variance that we have, 16 we're required to have four spaces for the 17 two-family where we have one. And we're required 18 to have 5.8 parking spaces for the three-family 19 house, which we're proposing to have two. The 20 only variance that we're requesting other than the 21 use variance as a three-family house is the 22 parking. 23 On the second sheet, you see there's 24 some details for the curb cut and for the drainage 25 of the property. And you have also the existing  40 1 floor plan, which shows the configuration where 2 the meter rooms and the storage and all that 3 nonsense with the boilers and everything is right 4 within -- 5 MR. LOPEZ: On the left of the plan? 6 MR. IZQUIERDO: On the center of the 7 plan, you have the existing conditions. So what 8 we're proposing to do is to create -- take the 9 window in the front of the octagon and turn it 10 into a door, so you can enter into there and then 11 it becomes a common area. 12 PSE&G and the other tenants have access 13 to their boiler, have access to their water 14 heaters, have access to the meter, electric, gas, 15 and water, and whatnot, and they don't have to go 16 into the other unit. That door also allows the 17 unit to have two means of egress. The kitchen is 18 existing, will remain where it is. It's going to 19 be nice because Michael Hern does very nice 20 apartments, actually his company is called Luxury 21 Homes or something like that and he sells very 22 high scale apartments. So when he renovates 23 units -- and we did one on 5th Street for him, 24 they're always high scale. 25 So the kitchen remains where it is,  41 1 albeit in a more fashionable condition. The 2 dining room, living room remains where it is, the 3 bathroom remains where it is. And essentially 4 there's no changes to the property other than 5 relocating all the entrances and making that a 6 common area for the meters and the parking spaces 7 in the front. 8 MR. PANEQUE: Mr. Izquierdo, allow me 9 one second please. Let the record reflect that 10 Mr. Ortiz has joined the meeting. We have six 11 members right now, it's 6:47. 12 MR. LOPEZ: Mr. Izquierdo, the proposed 13 changes that you described at the front, at the 14 new entrance to the apartment, does it offer 15 improved fire security given the new layout? 16 MR. IZQUIERDO: That's one of the 17 positive criteria. In order to meet the Medici 18 standard, we have to do the positive and the 19 negative criteria, it's in particular cases and 20 for special reasons. By providing the door where 21 the window is in the front, that unit will have 22 two means of egress, which will conform to code. 23 The basement apartment is going to be sprinklered 24 on a limited area, it's going to be fire 25 separated. These are all positive criteria.  42 1 The positive criteria is also that we 2 have the additional parking spaces were created. 3 The negative criteria is basically that the two 4 parking spaces in the front don't meet the minimum 5 16 feet of Municipal Land Use Law of the 6 Residential Site Improvements Standards, but all 7 the others houses on that block have that same 8 condition. Because all those houses are pretty 9 much in the same line. 10 This is 4th Street that lies between 11 Palisade Avenue and New York Avenue. And there 12 are a number of the four-story, the more elaborate 13 three-family house with the ground floor parking 14 and the elevators and everything on the street. 15 The street is in need of, you know, making it 16 nicer and this would be -- Michael has actually 17 owned this property for a number of years. And he 18 was waiting for the opportunity to present this 19 project to the Board. 20 MR. LOPEZ: That area that you 21 described, Mr. Izquierdo, also has numerous 22 multiple dwellings? 23 MR. IZQUIERDO: Yes. 24 MR. LOPEZ: There's a nine unit 25 building --  43 1 MR. IZQUIERDO: Yes. 2 MR. LOPEZ: -- one house away and also 3 on the corner, is there not, as well as well as 4 others midblock? 5 MR. IZQUIERDO: It's becoming one of the 6 better areas of the City of Union City, it's a 7 very nice area. I have nothing further. 8 MR. LOPEZ: We have no additional 9 testimony on our part, certainly open to questions 10 from the Board? 11 CHAIRPERSON GRULLON: Mr. Lopez, in your 12 opening statement, you mentioned that building 13 department recognized this as three units. 14 MR. LOPEZ: No, the building department 15 in their memo indicates that this house was 16 originally a three unit. Mr. Hern purchased it 17 thinking that it was in fact a three unit. 18 Apparently, currently the building department 19 deems that that use was abandoned and that's why 20 we're here. But clearly their memo says it was 21 originally a three-family. 22 CHAIRPERSON GRULLON: Your request is to 23 go from two to three? 24 MR. LOPEZ: From two to three, correct. 25 MR. IZQUIERDO: In terms of the theory  44 1 of abandonment, nothing was abandoned. I mean the 2 kitchen is there, none of the pertinences of the 3 three family house were abandoned, the bathroom is 4 there, the kitchen is there. So I don't know what 5 happened, but it was originally a three-family 6 house and that's exactly what I saw. I visited 7 this house personally and I know exactly what I 8 saw. 9 MR. LOPEZ: If the building department 10 didn't get in the way, we wouldn't be here today. 11 But, unfortunately, they asked that we apply for a 12 variance. 13 CHAIRPERSON GRULLON: Again, you're 14 going to be doing construction inside? 15 MR. LOPEZ: Yes. 16 CHAIRPERSON GRULLON: Renovation in all 17 the apartments? 18 MR. IZQUIERDO: Yeah. 19 MR. LOPEZ: No, no, only on the 20 basement. 21 CHAIRPERSON GRULLON: Only basement. 22 MR. IZQUIERDO: The two units on the top 23 are in very good condition. The basement is 24 vacant and has been vacant, so there's humidity 25 and everything. We're going to have new flooring,  45 1 new walls, new insulation, new lighting. It's 2 going to be a very nice unit. 3 CHAIRMAN GRULLON: Okay. And I know 4 that zone, that only two-families are permitted, 5 that's the reason why you're here to request to go 6 from two to three. Also the variance that you are 7 requesting are for side yard and it's a 8 preexisting? 9 MR. LOPEZ: It's an existing condition 10 now, it's not being changed. 11 CHAIRPERSON GRULLON: And the parking 12 variance that you are also seeking, you're 13 actually going from one to two? 14 MR. LOPEZ: That's correct. 15 CHAIRPERSON GRULLON: The requirement is 16 5.8? 17 MR. IZQUIERDO: Yes. 18 CHAIRPERSON GRULLON: You're not in 19 compliance with that, with the 5.8, but you will 20 be adding an additional parking space? 21 MR. LOPEZ: That's correct. 22 CHAIRPERSON GRULLON: Just to alleviate 23 the -- 24 MR. LOPEZ: And, Mr. Chairman, again to 25 clarify, we're adding one off-street parking  46 1 without removing any street parking space. 2 CHAIRPERSON GRULLON: Can you explain 3 how is that because the curb cut is going from 12, 4 8 to 16, 8. 5 MR. IZQUIERDO: To 16, 6, it's only 6 three feet. And the way it's being laid out, it 7 actually moves because what happens is when you 8 stand in front of the house, you have the parking 9 space. And then you have that monumental stairs 10 that comes down. So when we take that stair and 11 we bring it all the way straight, it's actually 12 within the front of our property that we're 13 extending that curb cut, where we're going from 14 the 12, 8 to 16, 6. So we're maintaining the 15 right hand side of the curb and then we're 16 extending it to the other side. 17 MR. LOPEZ: And, Mr. Chairman, I would 18 also point the Board's attention to the photograph 19 on the front of these plans. The house, as you 20 face the house, the property to the right is now a 21 parking garage, so there's nothing there, there's 22 not a parking space that we would be taking away. 23 MR. IZQUIERDO: Yes. And there's not 24 sufficient space between the curb and the other 25 property where another parking space -- we're not  47 1 taking any cars off the street. 2 CHAIRPERSON GRULLON: The increase is 3 going to be increasing to the side of the parking 4 garage? 5 MR. IZQUIERDO: Yes. 6 CHAIRPERSON GRULLON: There's no space 7 for another car? 8 MR. LOPEZ: Correct. 9 MR. IZQUIERDO: No, there isn't. 10 CHAIRPERSON GRULLON: I have nothing 11 further. Any members of the Board has any 12 questions for this? Do you have any other 13 witness? 14 MR. LOPEZ: Nothing else, Mr. Chairman. 15 MR. PANEQUE: Before we proceed, Mr. 16 Lopez, Mr. Ortiz, the Board Member came in in the 17 middle of the presentation of your architect, Mr. 18 Izquierdo. I just want to ask him a couple of 19 questions. 20 Mr. Ortiz, have you had an opportunity 21 to familiarize yourself with the site plan? 22 MR. ORTIZ: Yes. 23 MR. PANEQUE: And did you happen to pay 24 attention to the remainder of the presentation 25 that Mr. Izquierdo did?  48 1 MR. ORTIZ: Yes, I did. 2 MR. PANEQUE: Do you have any questions? 3 MR. ORTIZ: No, not at this time. 4 MR. PANEQUE: You feel comfortable with 5 the application at this time where you're willing 6 to make a vote on it? 7 MR. ORTIZ: Yes. 8 MR. LOPEZ: And I have no objection to 9 his vote. 10 MR. PANEQUE: Thank you. 11 CHAIRMAN GRULLON: Hearing none from the 12 Board Members, at this time, I want to open it to 13 the public. Any member of the public want to step 14 forward? Hearing none, close to the public. 15 Taking in consideration that this 16 application is going to enhance the apartments 17 that have been requested for addition, I make a 18 motion to grant this application to go from two to 19 three-family house. 20 VICE CHAIRPERSON GUTIERREZ: I'll second 21 it. 22 MR. VALLEJO: Motion on the table to 23 grant this application by Mr. Grullon, seconded by 24 Ms. Gutierrez. Roll call on the motion to approve 25 this application. Mr. Grullon.  49 1 CHAIRPERSON GRULLON: Yes. 2 MR. VALLEJO: Ms. Gutierrez. 3 VICE CHAIRPERSON GUTIERREZ: Yes. 4 MR. VALLEJO: Mr. Ortiz. 5 MR. ORTIZ: Yes. 6 MR. VALLEJO: Ms. Pena. 7 MS. PENA: Yes. 8 MR. VALLEJO: Ms. Perez. 9 MS. PEREZ: Yes. 10 MR. VALLEJO: Ms. Watley. 11 MS. WATLEY: Yes. 12 MR. VALLEJO: Six in favor, motion 13 carries. 14 MR. IZQUIERDO: Thank you very much, 15 happy Thanksgiving. 16 MR. VALLEJO: Off the record. 17 18 (Discussion held off the record.) 19 * * * * 20 21 22 23 24 25  50 1 2705 BERGENLINE AVENUE, LLC - 2 2705 BERGENLINE AVENUE: 3 4 MR. VALLEJO: Let the record reflect 5 that Ms. Watley left the meeting at 6:57. 6 MR. PANEQUE: Let the record reflect as 7 follows, I've been provided by Mr. Lopez with an 8 affidavit of service indicating that notice of 9 tonight's hearing with respect to the application 10 at 2705 Bergenline Avenue was provided to all 11 property owners within 200 foot radius. 12 I've also been provided with an 13 affidavit of publication from The Jersey Journal, 14 with a publication date of October 25th, listing 15 the hearing for tonight's matter on this case at 16 this location. 17 I've also been provided with copies of 18 the notice as well as the tax list from the tax 19 assessor's office, with a date of September 12, 20 2022, listing all property owners within the 200 21 foot radius of 2705 Bergenline Avenue. 22 I've been provided with the certified 23 mail slips with a postmark date of October 21, 24 2022. 25 Based on the documentation that has been  51 1 provided by Mr. Lopez, which was previously also 2 emailed to my office, thank you, Mr. Lopez -- 3 MR. LOPEZ: Thank you, Counsel. 4 MR. PANEQUE: -- this Board has 5 jurisdiction to proceed and hear this matter. 6 MR. LOPEZ: Thank you. Mr. Chairman, 7 we're going to request an adjournment this 8 evening. We don't have a planner, which may be 9 useful. So we would respectfully ask that you 10 allow us to carry this to the next meeting. 11 CHAIRPERSON GRULLON: Okay. Mr. Lopez, 12 you agree to waive the statutory rights? 13 MR. LOPEZ: I do, I do. 14 CHAIRPERSON GRULLON: Time limits. With 15 that, you want the adjournment to the next Board 16 meeting? 17 MR. LOPEZ: If possible, yes. 18 CHAIRPERSON GRULLON: I make a motion to 19 adjourn this application to the next Board 20 meeting, no further notice. 21 VICE CHAIRPERSON GUTIERREZ: I'll 22 second. 23 MR. VALLEJO: Motion on the table to 24 adjourn this application for December 8 meeting at 25 the Sara Gilmore Academy at 1600 Kerrigan Avenue,  52 1 no new notice required. Motion by Mr. Grullon, 2 seconded by Ms. Gutierrez. Roll call on the 3 motion. Mr. Grullon. 4 CHAIRPERSON GRULLON: Yes. 5 MR. VALLEJO: Ms. Gutierrez. 6 VICE CHAIRPERSON GUTIERREZ: Yes. 7 MR. VALLEJO: Mr. Ortiz. 8 MR. ORTIZ: Yes. 9 MR. VALLEJO: Ms. Pena. 10 MS. PENA: Yes. 11 MR. VALLEJO: Ms. Perez. 12 MS. PEREZ: Yes. 13 MR. VALLEJO: Five in favor, motion 14 carries. No new notice required. 15 MR. LOPEZ: Thank you, all. See you at 16 the next meeting. Happy Thanksgiving. 17 * * * * 18 19 20 21 22 23 24 25  53 1 ADOPTION OF RESOLUTIONS: 2 (1.) Julio Moncayo 1109 New York Avenue, Block: 3 52 Lot: 3 legalize an existing apartment to go 4 from 2 units to 3 units. Approved 5 (2.) Joseph Shannawi 602 11th Street Block: 54 6 Lot: 23 legalized existing second floor unit to 7 convert the property from a one family to a 8 2-family structure. Approved 9 (3.) Sheila Balasa & Janice Treubig 1105 new York 10 Avenue, Block: 52 Lot: 2. Legalization of 11 existing two-family dwelling Approved 12 (4.) Kelsey Adamy & Paul Chang. 512 Monastery 13 Place Block: 109 Lot: 36 legalization of rear 14 house. Approved 15 (5.) Geoffrey Williams 321 5th Street Block: 139 16 Lot: 20 addition and alterations to existing three 17 family building Approved 18 (6.) Medna Builders, LLC 406 Bergenline Avenue 19 Block: 198 Lot: 1 new two (2) family dwelling. 20 Approved 21 (7.) German Monsalve & Miryam Jaramillo. 306 A 22 40th Street Block: 236 Lots: 12.5 & 13.5 23 legalization of a ground floor apartment. 24 Converting from a two family to a three family. 25 Approved  54 1 (8.) Michelle Needham 505 Palisade Avenue Block: 2 25 Lot: 3 the applicant proposes to legalize a 3 unit in a single-family dwelling to create a 4 two-family structure Approved 5 6 MR. VALLEJO: Thank you. Moving to 7 resolutions now. We have eight resolutions on 8 tonight's agenda. 9 Resolution number one, Julio Moncayo, 10 1101 New York Avenue, was approved at the previous 11 meeting. 12 Joseph Shannawi, 602 11th Street was 13 approved at the previous meeting. 14 Number three Sheila Balasa and Janice 15 Treubig 1105 New York Avenue was approved at the 16 previous meeting. 17 Number four, Kelsey Adamy and Paul 18 Chang, 512 Monastery Place was approved at the 19 previous meeting. 20 Geoffrey Williams, 321 5th Street, 21 approved at the previous meeting. 22 Number six, Medna Builders, LLC, 406 23 Bergenline Avenue, approved at the previous 24 meeting. 25 Number seven, German Monsalve and Miryam  55 1 Jaramillo, 306 A 340th Street, approved at the 2 previous meeting. 3 Number eight, Michelle Needham, 505 4 Palisade Avenue, approved at the previous meeting. 5 Can I have a motion to adopt these 6 resolutions. 7 CHAIRPERSON GRULLON: Motion to adopt 8 the eight resolutions. 9 VICE CHAIRPERSON GUTIERREZ: Seconded. 10 MR. VALLEJO: Motion by Mr. Grullon, 11 seconded by Ms. Gutierrez. Roll call on the 12 motion. Mr. Grullon. 13 CHAIRPERSON GRULLON: Yes. 14 MR. VALLEJO: Ms. Gutierrez. 15 VICE CHAIRPERSON GUTIERREZ: Yes. 16 MR. VALLEJO: Mr. Ortiz. 17 MR. ORTIZ: I was not at the meeting, I 18 abstain. 19 MR. VALLEJO: Ms. Pena. 20 MS. PENA: Yes. 21 MR. VALLEJO: Ms. Perez. 22 MS. PEREZ: Yes. 23 MR. VALLEJO: Four in favor, one 24 abstained, motion carries. 25 * * * *  56 1 ADJOURNMENT: 2 3 MR. VALLEJO: All right. There being no 4 other applications on tonight's agenda, can I have 5 a motion to close tonight's meeting? Motion by 6 Ms. Gutierrez, seconded by Ms. Pena. All in 7 favor? 8 9 (All Board Members indicate in the 10 affirmative.) 11 12 MR. VALLEJO: The ayes have it. 13 Thank you. Good night, everyone. Let 14 the record show that the meeting has ended. Thank 15 you and good night, everyone. 16 17 (Whereupon the meeting was adjourned.) 18 19 20 21 22 23 24 25  57 1 C E R T I F I C A T E 2 3 4 5 6 I HEREBY CERTIFY that the foregoing is a 7 true and accurate transcript of the testimony and 8 proceedings as taken stenographically by me at the 9 time, place, and on the date hereinbefore set 10 forth. 11 12 13 ____________________________ 14 SUSAN BISCHOFF, CCR, RPR LICENSE NO. 30XI00233700 15 16 17 18 19 20 21 22 23 24 25