Zoning Board of Adjustment - Special Zoning Board of Adjustment

1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY ZONING BOARD OF ADJUSTMENT : TRANSCRIPT OF RECORDED SPECIAL MEETING : : PROCEEDINGS _________________: Via Zoom Video Conference Union City, New Jersey Thursday, December 17, 2020 Commencing at 6:00 p.m. M E M B E R S P R E S E N T: MARGARITA GUTIERREZ, (Remotely) MIGUEL ORTIZ, (Remotely) DAVID W. PRESSEY, (Remotely) ROSIO PENA, Alternate No. 1, (Remotely) GERALDINE PEREZ, Alternate No. 2, (Remotely) MINDRY WATLEY, Alternate No. 4, (Remotely) VICTOR M. GRULLON, Vice Chairman, (Remotely) M E M B E R S A B S E N T: LIBERO MAROTTA JOHN MEDINA RAYMOND CETINICH, Alternate No. 3 A L S O P R E S E N T: CARLOS VALLEJO, Secretary to the Board, (Remotely) TOMAS R. PANEQUE, ESQ., Board Attorney, (Remotely) DAVID SPATZ, Consultant, (Remotely) Community Housing and Planning Associates  2 I N D E X PAGE CALL TO ORDER 3 SALUTE TO FLAG 4 ROLL CALL 4 ADOPTION OF MINUTES 7 ADOPTION OF RESOLUTIONS 9/11 AMENDED RESOLUTION 15 REVISED RESOLUTION 18 ADJOURNMENT 24  3 1 MS. DILLON: On the record. 2 THE SECRETARY: On the record. 3 Please take notice that in -- in accordance 4 with the Open Public Meeting Act P.L. 1975 c. 231 5 and the Governor of New Jersey Executive Order 6 102 and 104 regarding COVID-19 emergency action, 7 this is to advise that the Union City Zoning 8 Board of Adjustment will be held -- is a special 9 voting meeting virtually via video conferencing 10 software. 11 A Special Meeting of the Union City Zoning 12 Board of Adjustment has been scheduled for 13 Thursday, December 17, 2020, at six p.m. A 14 Special Meeting will be conducted remotely from 15 the electronic meeting platform Zoom USA. 16 Members of the public can join the meeting 17 and participate during the public comment period 18 by joining the meeting using Zoom mobile 19 application on a smartphone or tablet. Joining 20 the meeting by laptop with microphone capability, 21 dialing in the using a telephone to the Zoom 22 teleconference system. 23 Information how to join the meeting 24 electronically appears below. 25 Link to the meeting has been posted on the  4 1 website of the City of Union City, also the 2 bulletin board of the City of Union City. 3 Before we call roll for this evening, can 4 everybody kindly rise to salute the flag? 5 6 (Whereupon, the Pledge of Allegiance was 7 said by all.) 8 9 THE SECRETARY: Thank you. 10 MS. GUTIERREZ: Carlos, I have my flag. 11 Look. 12 THE SECRETARY: Yeah. That’s good. 13 Notice of this meeting has been provided as 14 follow: 15 Notice of this meeting, setting forth the 16 time, date, location, and the agenda, to the 17 extent known, was forwarded to The Jersey 18 Journal, The Record, and The Hudson Reporter, has 19 been posted on the bulletin board in the City 20 Hall, and has been made available to the public 21 in the Office of the Municipal Clerk. 22 23 ROLL CALL: 24 25 THE SECRETARY: Roll call for tonight’s  5 1 meeting. 2 Victor Grullon? 3 VICE CHAIRMAN GRULLON: Here. 4 THE SECRETARY: Libero Marotta? 5 Is absent. 6 Margarita Gutierrez? 7 MS. GUTIERREZ: Here. 8 THE SECRETARY: Miguel Ortiz? 9 MR. ORTIZ: Present. 10 THE SECRETARY: David Pressey? 11 MR. PRESSEY: Here. 12 THE SECRETARY: John Medina? 13 Is absent. 14 Rosio Pena? 15 MS. PENA: Here. 16 THE SECRETARY: Geraldine Perez? 17 MS. PEREZ: Here. 18 THE SECRETARY: Present. 19 Raymond Cetinich? 20 Is absent. 21 Mindry Watley? 22 MS. WATLEY: Here. 23 THE SECRETARY: Let -- let the record 24 indicate there are seven member present. So we 25 have a Board member made up of seven.  6 1 We have a full quorum to establish any 2 decision tonight meeting. 3 * * * 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  7 1 ADOPTION OF MINUTES: 2 3 ( 1) Regular Meeting Held on November 12, 2020 4 5 THE SECRETARY: All right. 6 We have approval of previous meeting 7 minutes from November 12, 2020. 8 Can I have a motion? 9 VICE CHAIRMAN GRULLON: Motion. 10 MS. GUTIERREZ: I make a motion. 11 Second. 12 THE SECRETARY: Motion by Mr. Grullon. 13 Seconded by Ms. Gutierrez. 14 Roll call on the motion. 15 Mr. Grullon? 16 VICE CHAIRMAN GRULLON: Yes. 17 THE SECRETARY: Ms. Gutierrez? 18 MS. GUTIERREZ: Yes. 19 THE SECRETARY: Mr. Pressey? 20 MR. PRESSEY: Yes. 21 THE SECRETARY: Mr. Ortiz? 22 MR. ORTIZ: Yes. 23 THE SECRETARY: Ms. Pena? 24 MS. PENA: Yes. 25 THE SECRETARY: Ms. Perez?  8 1 Ms. PEREZ: Yes. 2 THE SECRETARY: I think you was absent the 3 previous meeting. 4 Right? 5 Ms. Perez? Yes, you was absent the 6 previous meeting. You have to abstain. 7 MS. PEREZ: I abstain. 8 THE SECRETARY: Ms. Watley? 9 MS. WATLEY: Yes. 10 THE SECRETARY: Six in favor, one 11 abstained. 12 Motion carries. 13 All right. 14 We don’t have any application on tonight’s 15 agenda. 16 * * * 17 18 19 20 21 22 23 24 25  9 1 ADOPTION OF RESOLUTIONS: 2 3 ( 1) Resolution Appointing the Zoning Board of 4 Adjustment Secretary for the Year 2021 5 ( 2) Resolution to approve the Zoning Board of 6 Adjustment Schedule for the Year 2021 7 8 THE SECRETARY: We are going to 9 Resolutions. 10 Resolution number 1 and 2. 11 Resolution 1. 12 Appointing the Zoning Board of Adjustment 13 Secretary for the Year 2021. 14 Resolution number 2. 15 To Approve the Zoning Board of Adjustment 16 Schedule for the Year 2021. 17 Can I have a motion? 18 VICE CHAIRMAN GRULLON: Motion. 19 MS. GUTIERREZ: Motion. 20 THE SECRETARY: Motion by -- 21 MS. GUTIERREZ: Second. 22 THE SECRETARY: Motion by Mr. Grullon. 23 Seconded by Mr. Ortiz? 24 MR. ORTIZ: Yes. 25 THE SECRETARY: Roll call on the motion.  10 1 Mr. Grullon? 2 VICE CHAIRMAN GRULLON: Yes. 3 THE SECRETARY: Ms. Gutierrez? 4 MS. GUTIERREZ: Yes. 5 THE SECRETARY: Mr. Pressey? 6 MR. PRESSEY: Yes. 7 THE SECRETARY: Mr. Ortiz? 8 MR. ORTIZ: Yes. 9 THE SECRETARY: Ms. Pena? 10 MS. PENA: Yes. 11 THE SECRETARY: Ms. Perez? 12 MS. PEREZ: Yes. 13 THE SECRETARY: Ms. Watley? 14 MS. WATLEY: Yes. 15 THE SECRETARY: Seven in favor. 16 Motion carries. 17 I will email you the schedule for 2021. 18 * * * 19 20 21 22 23 24 25  11 1 ADOPTION OF RESOLUTIONS: 2 3 ( 3) CHA Partners, LLC, 546-548 35th Street, 4 Block 213, Lots 17-18, 547 36th Street, Block 64, 5 65, 66. New Construction of a four story multi- 6 family dwelling consisting of 27 units; 18 7 apartments of two bedrooms, nine apartments of 8 one bedroom over one level parking garage with 38 9 parking spaces. Approved 10 ( 4) 928-930 19th Street, LLC, 928-930 19th 11 Street, Block 105, Lot 28 & 29. Basement 12 development for addition of one dwelling unit and 13 a building manager office area. Approved 14 ( 5) Shefa Realty Corp., 542 38 th Street, Block 15 224, Lot 10. The applicant proposes to combine 16 two existing basement apartments in an existing 17 multi-family building, located on the above noted 18 lot, to create a two bedroom unit. The number of 19 residential units will increase from six to 20 seven; there are two existing units on each of 21 the first, second and third floors. Approved 22 ( 6) Adam Rassoulinejad, 128 39 th Street, Block 23 233, Lot 7. Converting from one family to two 24 family dwelling. Apartment legalization. 25 Approved  12 1 2 THE SECRETARY: We are going to Resolution 3 3, 4, 5, and 6. 4 Resolution number 3. 5 CHA Partners, LLC, 546-548 35th Street. 6 As per Mr. Spatz -- you know, all the 7 revised blueprints was correct. 8 MR. SPATZ: Yes. The -- the applicant made 9 the change in the plans to close off the one 10 exit, so they all come in and out on the same 11 street, and they made whatever changes the Board 12 required. So, it is ready to be approved. 13 THE SECRETARY: Thank you, Mr. Spatz. 14 Resolution number 3. 15 928-930 19th Street. 16 Resolution number 5. 17 Shefa Realty Corporation, 542 38 th Street. 18 Resolution number 6. 19 Adam Rassoulinejad, 128 39th Street. 20 All these Resolutions was approved at the 21 November meeting. 22 Can I have a motion to memorialize these 23 Resolutions? 24 VICE CHAIRMAN GRULLON: Motion. 25 MS. GUTIERREZ: Second.  13 1 THE SECRETARY: Motion by Mr. Grullon. 2 MS. GUTIERREZ: Second. 3 THE SECRETARY: Seconded by Ms. Gutierrez. 4 Roll call on the motion. 5 Mr. Grullon? 6 VICE CHAIRMAN GRULLON: Yes. 7 THE SECRETARY: Ms. Gutierrez? 8 MS. GUTIERREZ: Yes. 9 THE SECRETARY: Mr. Pressey? 10 MR. PRESSEY: Yes. 11 THE SECRETARY: Mr. Ortiz? 12 MR. ORTIZ: Yes. 13 THE SECRETARY: Ms. Pena? 14 MS. PENA: Yes. 15 THE SECRETARY: Ms. Perez? 16 MS. PEREZ: Yes. 17 THE SECRETARY: You -- you was absent at 18 the previous meeting. 19 MS. PEREZ: I’m sorry. Yeah. Okay. 20 I -- I keep forgetting I missed that one. 21 I’m sorry. 22 THE SECRETARY: You -- you abstain? 23 MS. DILLON: She’s on mute, Carlos. 24 MS. PEREZ: Yes. I abstain. 25 MS. DILLON: Thank you.  14 1 THE SECRETARY: Ms. Watley? 2 MS. WATLEY: Yes. 3 THE SECRETARY: Six in favor, one 4 abstained. 5 Motion carries. 6 All these was approved at the -- at the 7 November meeting or was in the November meeting 8 agenda. 9 * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  15 1 ADOPTION OF RESOLUTIONS: 2 AMENDED RESOLUTION: 3 4 ( 7) Edwin Narvaez, 1311 New York Avenue, Block 5 64, Lot 5. Applicant proposes a rear addition 6 and deck on the first floor level. Approved 7 8 THE SECRETARY: Number -- Resolution number 9 7. 10 Edwin Narvaez. 11 It was an Amended Resolution, 1311 New York 12 Avenue. 13 Can I -- 14 MR. PANEQUE: If I may -- 15 THE SECRETARY: -- have a -- 16 MR. PANEQUE: If I may, Mr. Vallejo, just 17 so that the Board is clear. 18 On this Resolution, this is the one that 19 the Board had previously approved where the 20 applicant had come in and indicated to the Board 21 that they were asking for a rear addition on a 22 two family house. 23 We learned -- later learned that it’s a 24 rear addition on a one family house. So, the 25 amended Resolution is to amend the approval of  16 1 the rear addition to a one family house. 2 THE SECRETARY: Thank you, Mr. Paneque. 3 MR. PANEQUE: Thank you. 4 THE SECRETARY: Can I have a motion to 5 memorialize this -- this Resolution? 6 VICE CHAIRMAN GRULLON: Motion. 7 THE SECRETARY: Motion by Mr. Grullon. 8 MR. PRESSEY: Second. 9 THE SECRETARY: Seconded by? 10 MR. PRESSEY: Pressey. 11 THE SECRETARY: Mr. -- Mr. Ortiz? 12 MR. PRESSEY: Pressey. 13 MR. ORTIZ: Mr. Pressey. 14 THE SECRETARY: Mr. Pressey. 15 I’m sorry. 16 MR. PRESSEY: That's okay. 17 THE SECRETARY: Roll call on the motion. 18 Mr. Grullon? 19 VICE CHAIRMAN GRULLON: Yes. 20 THE SECRETARY: Ms. Gutierrez? 21 MS. GUTIERREZ: Yes. 22 THE SECRETARY: Mr. Pressey? 23 MR. PRESSEY: Yes. 24 THE SECRETARY: Mr. Ortiz? 25 MR. ORTIZ: Yes.  17 1 THE SECRETARY: Ms. Pena? 2 MS. PENA: Yes. 3 THE SECRETARY: Ms. Perez? 4 MS. PEREZ: I don't need to abstain on 5 this. 6 Right? 7 THE SECRETARY: Yes. You have to abstain. 8 Yes. 9 Ms. Watley? 10 Ms. Watley? 11 MS. WATLEY: Yes. 12 THE SECRETARY: Thank you. 13 Six in favor, one abstained. 14 Motion carries. 15 * * * 16 17 18 19 20 21 22 23 24 25  18 1 ADOPTION OF RESOLUTIONS: 2 REVISED RESOLUTION: 3 4 ( 8) Raul Mier - 401-403 5th Street, A/K/A 413 New 5 York Avenue. Subdivide lots and construct three 6 family residences (L. Diaz, Esq.-March 13, 2014). 7 The variance application was approved on March 8 13, 2014 and an appeal filed with the Court of 9 Appeals has also been resolved. The Building 10 Department requires a revised resolution. 11 Approved 12 13 THE SECRETARY: We are going to Resolution 14 number 8. 15 Raul Mier, 401-403 5th Street. 16 Mr. Paneque? 17 MR. PANEQUE: For the edification of the 18 Board, this is the application where the 19 applicant’s attorney came before the Board last 20 month and indicated to the Board that he needed 21 this Resolution, which was the Resolution 22 approving the subdivision of the lots, which had 23 been previously approved back in 2014, but had 24 never been included in that Resolution. 25 The reason it has taken so long for the  19 1 matter to come back before the Board is because 2 this application was appealed. It went to the 3 Superior Court, it went to the Appellate 4 Division, and then it went to the Supreme Court 5 which denied certiorari. And the application was 6 ultimately deemed approved. However, the 7 subdivision was not part of that original 8 Resolution. 9 I did have an opportunity to review the 10 transcript from 2014, as indicated at the last 11 meeting, and definitely the subdivision was part 12 of that approval. It was just not incorporated, 13 by oversight, in the Resolution. So, we’re 14 having a Resolution now to approve that 15 subdivision. 16 THE SECRETARY: Thank you, Mr. Paneque. 17 VICE CHAIRMAN GRULLON: Mr. Paneque, this 18 is a correction on the Resolution from the 19 previously approved? 20 MR. PANEQUE: It’s an Amended Revised 21 Resolution, to include the subdivision, which was 22 originally approved by the Board, but was 23 inadvertently not included in the original 24 Resolution. 25 So, it -- it was more of an oversight in  20 1 the original Resolution, that it failed to 2 indicate that a subdivision was approved. 3 The fact is that the project cannot be done 4 without the subdivision. And it was -- in the 5 transcripts, it’s very clear that the Board, in 6 2014, did approve the subdivision. So, we just 7 have to incorporate it into a Resolution for the 8 Building Department to then issue the permits. 9 VICE CHAIRMAN GRULLON: Okay. Got it. 10 Thank you. 11 Thank you, Mr. Paneque. 12 THE SECRETARY: Can I have a motion? 13 VICE CHAIRMAN GRULLON: Then, I make a 14 motion to approve the correction on the 15 Resolution. 16 MS. GUTIERREZ: I’ll make a motion. 17 THE SECRETARY: Motion by Mr. Grullon. 18 Seconded by -- 19 MS. GUTIERREZ: Second. 20 THE SECRETARY: -- Ms. Gutierrez. 21 MS. GUTIERREZ: Yes. 22 THE SECRETARY: Roll call on the motion. 23 Mr. Grullon? 24 VICE CHAIRMAN GRULLON: Yes. 25 THE SECRETARY: Ms. Gutierrez?  21 1 MS. GUTIERREZ: Yes. 2 THE SECRETARY: Mr. Pressey? 3 MR. PRESSEY: Yes. 4 THE SECRETARY: Mr. Ortiz? 5 MR. ORTIZ: Yes. 6 THE SECRETARY: Ms. Pena? 7 MS. PENA: Yes. 8 THE SECRETARY: Ms. Perez? 9 MS. PEREZ: I’m going to abstain. 10 THE SECRETARY: Ms. Watley? 11 MS. WATLEY: Yes. 12 THE SECRETARY: Six in favor, one 13 abstained. 14 Motion carries. 15 16 * * * 17 18 19 20 21 22 23 24 25  22 1 ADJOURNMENT: 2 3 THE SECRETARY: Before we close tonight’s 4 meeting, I would like to say happy holidays to 5 everyone. 6 MS. GUTIERREZ: Thank you. 7 THE SECRETARY: Stay safe. 8 MR. PANEQUE: Thank you. 9 MS. GUTIERREZ: Thank you. 10 You, too. 11 To all of you guys. 12 MR. ORTIZ: Thank you, Carlos. 13 MR. PRESSEY: God bless. 14 MR. SPATZ: Happy and healthy new year to 15 everybody. 16 THE SECRETARY: Happy -- 17 MS. GUTIERREZ: Thank you. 18 Thank you. 19 You, too. 20 MS. PENA: Yes. Happy holidays. 21 Thank you. 22 THE SECRETARY: There being no other 23 application or any other item on this -- in 24 tonight’s meeting, can I have a motion to close 25 the meeting?  23 1 MR. ORTIZ: Motion. 2 THE SECRETARY: Motion by Mr. Ortiz. 3 Any second? 4 MS. GUTIERREZ: Second. 5 THE SECRETARY: Ms. Gutierrez. 6 Roll call on the motion. 7 Mr. Grullon? 8 VICE CHAIRMAN GRULLON: Yes. 9 THE SECRETARY: Ms. Gutierrez? 10 MS. GUTIERREZ: Yes. 11 THE SECRETARY: Mr. Ortiz? 12 MR. ORTIZ: Yes. 13 THE SECRETARY: Mr. Pressey? 14 MR. PRESSEY: Yes. 15 THE SECRETARY: Ms. Pena? 16 MS. PENA: Yes. 17 THE SECRETARY: Ms. Perez? 18 MS. PEREZ: Yes. 19 THE SECRETARY: Ms. Watley? 20 MS. WATLEY: Yes. 21 THE SECRETARY: Seven in favor. 22 Motion carries. 23 Let the record show that the meeting has 24 ended. 25 Thank you, everyone.  24 1 2 (Whereupon, there was a chorus of good 3 night.) 4 5 (Whereupon, the proceedings were concluded 6 at 6:15 p.m.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  25 1 STATE OF NEW JERSEY : 2 : 3 COUNTY OF ESSEX : 4 5 I, DEBRA A. KASZNIAK, assigned transcriber, 6 do hereby affirm that the foregoing is a true and 7 accurate transcript in the matter of the SPECIAL 8 MEETING of the UNION CITY ZONING BOARD OF 9 ADJUSTMENT heard on Thursday, December 17, 2020 10 and digitally recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and proofread by: Deborah Dillon