Zoning Board of Adjustment - Zoning Board of Adjustment Meeting

1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY ZONING BOARD OF ADJUSTMENT : TRANSCRIPT OF RECORDED : REGULAR MEETING : PROCEEDINGS : ____________________________: City Hall 3715 Palisade Avenue Union City, New Jersey Thursday, May 14, 2015 Commencing at 6:09 p.m. M E M B E R S P R E S E N T: KHALED DARDIR VICTOR M. GRULLON MARGARITA GUTIERREZ MIGUEL ORTIZ, (Arrived at 6:45 p.m.) HARLENNY E. JAVIER JOSEPH D. BONACCI, Alternate No. 2 ANDRES GARCIA, Chairman M E M B E R S A B S E N T: DAVID W. PRESSEY JOHN MEDINA, Alternate No. 1 ELISA FLORES, Alternate No. 3 A L S O P R E S E N T: CARLOS VALLEJO, Secretary to the Board ULYSSES ISA, ESQ., Board Attorney DAVID SPATZ, CONSULTANT Community Housing and Planning Associates  2 A P P E A R A N C E S: MICHAEL HEITMANN, ESQ., Attorney for Applicant, RDK Royal Associates, LLC  3 I N D E X PAGE CALL TO ORDER 5 MOMENT OF SILENCE 7 SALUTE TO FLAG 7 ROLL CALL 7 RESOLUTIONS 9 HEARINGS Alberto & Ignazio Laguna 68 RDK Royal Associates, LLC 14 Bhado & Bhado Development, LLC 11 ADJOURNMENT 76  4 I N D E X RDK Royal Associates, LLC 4510 Brown Street WITNESS PAGE John J. Gilchrist 16 Ralph S. Passante, Sr. 23 Brigette Bogart 34 SWORN PUBLIC Larry Price 49 E X H I B I T S NO. DOCUMENT PAGE A-1 Planning Report Prepared by Brigette Bogart dated 5/14/15 37  5 1 THE SECRETARY: May I have your attention, 2 please? 3 We are going to call to order a Regular 4 Public Meeting of the Zoning Board of Adjustment 5 of the City of Union City. 6 This meeting has been called and -- and 7 scheduled for Thursday, May 14, at six p.m. 8 This is a meeting called in compliance with 9 Chapter 231, Public Law 1975, of the Open Public 10 Meeting Act. 11 Notice of this meeting has been provided 12 setting forth the time, date, and location of the 13 meeting. 14 Notice of the agenda, to the extent known, 15 was sent to The Jersey Journal, The Record, and 16 The Hudson Reporter, and was posted on our 17 bulletin board and keep on file in the Office of 18 the Municipal Clerk. 19 Before we call for tonight’s meeting, roll 20 call, can we have a -- Mr. Chairman, a minute of 21 silence for -- 22 CHAIRMAN GARCIA: I think that -- 23 MR. ISA: Okay. 24 MS. GUTIERREZ: I thought that we -- 25 MR. ISA: Okay. Go ahead, Mr. Chairman.  6 1 Okay. Go ahead. 2 Well, I think Mr. Chairman wanted to say 3 something. 4 CHAIRMAN GARCIA: Yeah. I think that it’s 5 only a minute of silence. I think that we have 6 people -- not because it was the mother of Brian 7 Stack, I think that people who live in Union City 8 for over 30 years know, what represent Mrs. Stack 9 and also Mrs. -- Ed Stack represented before, I 10 think that when I received the notice -- the 11 news, there was -- I just was thinking about the 12 famous quote that say that it’s not what -- don’t 13 ask what the country is doing for you, what we’re 14 doing for the country. 15 And I think that seeing a lady, at that 16 age, working, putting the garbage on the street, 17 and pushing for good improvement in the city, I 18 think is -- is a big loss, not only for -- for 19 the Mayor and for -- and for Ed, I think is a 20 big, big loss for the whole Union City. 21 And I think that it is -- the least that we 22 could do is minute of silence on her memory -- 23 you know, to stand and –- 24 25  7 1 (Whereupon, there was a moment of silence 2 in memory of Margaret Stack.) 3 4 CHAIRMAN GARCIA: Thank you. 5 THE SECRETARY: Thank you, Mr. Chairman. 6 Before we call roll for this evening, will 7 everybody kindly rise to salute the flag? 8 9 (Whereupon, the Pledge of Allegiance was 10 said by all.) 11 12 ROLL CALL: 13 14 THE SECRETARY: Roll call for tonight’s 15 meeting. 16 Chairman Andres Garcia? 17 CHAIRMAN GARCIA: Present. 18 THE SECRETARY: Victor Grullon? 19 MR. GRULLON: Present. 20 THE SECRETARY: Margarita Gutierrez? 21 MS. GUTIERREZ: Present. 22 THE SECRETARY: Miguel Ortiz? Absent. 23 Mr. Pressey, David? Absent. 24 Harlenny Javier? 25 MS. JAVIER: Present.  8 1 THE SECRETARY: Present. 2 Khaled Dardir? 3 MR. DARDIR: Present. 4 THE SECRETARY: John Medina? Absent. 5 Joseph Bonacci? 6 MR. BONACCI: Present. 7 THE SECRETARY: Elisa Flores? Absent. 8 Let the record indicate there are six 9 present. So, we have a Board made up of six -- 10 six members. 11 * * * 12 13 14 15 16 17 18 19 20 21 22 23 24 25  9 1 RESOLUTIONS: 2 3 ( 1) Rosario Management, LLC - 2709-2715 Central 4 Avenue, Block 155, Lot 18. Proposed convert an 5 existing mixed use group to a multi-family 6 apartment building. Approved 7 ( 2) 408 37th Street, LLC - 408 37th Street - 8 Block 220, Lot 10. Proposed rear addition. 9 Approved 10 11 THE SECRETARY: On tonight’s agenda, we 12 have two Resolutions. 13 First Resolution is Rosario Management, 14 LLC, 2709-2715 Central Avenue. 15 Second Resolution, 408 37th Street, LLC, 16 408 37th Street. 17 Can I have a motion to approve the 18 Resolution? 19 CHAIRMAN GARCIA: Aye. 20 THE SECRETARY: Motion by Chairman Andres 21 Garcia. 22 Second by? 23 Second by Victor Grullon. 24 Roll call to approve the Resolutions. 25 Chairman Garcia?  10 1 CHAIRMAN GARCIA: Yes. 2 THE SECRETARY: Victor Grullon? 3 MR. GRULLON: Yes. 4 THE SECRETARY: Margarita Gutierrez? 5 MS. GUTIERREZ: No, I abstain because I 6 wasn’t here. 7 THE SECRETARY: Harlenny Javier? 8 MS. JAVIER: Abstain. 9 THE SECRETARY: Khaled Dardir? 10 MR. DARDIR: Yes. 11 THE SECRETARY: Joseph Bonacci? 12 MR. BONACCI: Yes. 13 THE SECRETARY: Motion carries. Four in 14 favor, two abstain. 15 * * * 16 17 18 19 20 21 22 23 24 25  11 1 Bhado & Bhado Development, LLC - 1705 Palisade 2 Avenue: 3 4 THE SECRETARY: The first application on 5 tonight’s agenda is Bhado Bhado Development, LLC, 6 1705 Palisade Avenue. 7 MR. ISA: Yes, Mr. Secretary, Mr. Chairman, 8 members of the Board, we received -- actually, 9 the Secretary of the Board received an email from 10 the attorneys for Bhado and Bhado, that’s the 11 office of Alonso Navarette, where they requested 12 the matter be adjourned to the June 11, 2015 13 meeting. So, that’s why they’re not present 14 today. 15 So, if there’s a motion to adjourn this 16 matter to June 11, 2015, we can -- we can -- 17 CHAIRMAN GARCIA: Is there any particular 18 reason? Didn’t mention, no? 19 MR. ISA: Well, they -- you know, their 20 letter just says this office represents Bhado 21 Bhado, in the above referenced matter, currently 22 scheduled -- the letter respectfully requests as 23 a formal request for an adjournment. 24 They don’t give us any specific reason. 25 They’re just --  12 1 My understanding, from conversations that 2 they had -- you know, they -- they had some 3 scheduling issues. But I’m not -- I’m not 4 certain. 5 CHAIRMAN GARCIA: Okay. 6 MR. ISA: So, is there a motion to -- to 7 adjourn -- 8 CHAIRMAN GARCIA: Aye. 9 THE SECRETARY: Motion by Chairman Andres 10 -- 11 MS. GUTIERREZ: Second. 12 THE SECRETARY: -- Garcia. 13 Second by Margarita Gutierrez. 14 Roll call to adjourn this application. 15 Chairman Garcia? 16 CHAIRMAN GARCIA: Yes. 17 THE SECRETARY: Victor Grullon? 18 MR. GRULLON: Yes. 19 THE SECRETARY: Margarita Gutierrez? 20 MS. GUTIERREZ: Yes. 21 THE SECRETARY: Harlenny Javier? 22 MS. JAVIER: Yes. 23 THE SECRETARY: Khaled Dardir? 24 MR. DARDIR: Do I abstain for this one, 25 too, as well, or --  13 1 MR. ISA: Yeah. 2 THE SECRETARY: You want to recuse? 3 MR. DARDIR: Well, do I abstain from this 4 one, since I live across the street? 5 THE SECRETARY: Okay. 6 MR. ISA: Then yes. Yes. 7 You should abstain. 8 MR. DARDIR: Yeah. Abstain. 9 THE SECRETARY: Okay. So Mr. Dardir 10 abstain. 11 Joseph Bonacci? 12 MR. BONACCI: Yes. 13 THE SECRETARY: Motion carries. Five in 14 favor, one abstain. Next meeting is June 11 for 15 this application. 16 MS. DILLON: Notice. Notice. 17 MR. ISA: No new notices will be necessary. 18 THE SECRETARY: No notice -- notice 19 required. 20 * * * 21 22 23 24 25  14 1 RDK Royal Associates, LLC - 4510 Brown Street: 2 3 THE SECRETARY: Next application on 4 tonight’s agenda, RDK Royal Associating (sic), 5 LLC, 4510 Brown Street. 6 Mr. Heitmann? 7 MR. HEITMANN: Good evening, everybody. 8 CHARIMAN GARCIA: Good evening. 9 MR. ISA: Good evening. 10 MS. DILLON: If you could just step 11 forward? That’s the microphone right there. 12 MR. ISA: Did we receive the notices and 13 stuff? 14 THE SECRETARY: Yes. 15 MR. HEITMANN: My client is applying for a 16 use variance and several other variances on a 17 exist -- existing uses. 18 My client is RDK Royal Associates. The 19 property is 4510 Brown Avenue, Union City, New 20 Jersey. 21 It’s an existing three family. 22 MR. ISA: If I -- if I may? 23 MR. HEITMANN: Sure. 24 MR. ISA: The Secretary has provided me 25 with copies of the documents that were provided  15 1 to -- to him in advance, dealing with 2 jurisdiction. 3 Everything appears to be in order, so the 4 Board would have jurisdiction to proceed. 5 MR. HEITMANN: Okay. Do you need original 6 -- 7 MR. ISA: If you -- if you have them, that 8 would be -- 9 MR. HEITMANN: I have some original 10 Affidavits of Service that I’d like to present. 11 MR. ISA: That -- that’d be great, because 12 I just have a copy here. 13 Thank you. 14 MR. HEITMANN: Sure. Do you also need any 15 -- any of the green cards I got back, or is –- 16 we’re sufficient. 17 MR. ISA: Yeah. I mean, you’ll -- I’m sure 18 you’ll be getting them back for awhile, so you 19 can -- you can -- 20 MR. HEITMANN: I will. 21 MR. ISA: -- submit them, but as -- you 22 know, when you get more -- 23 MR. HEITMANN: Send them in when I have 24 them all? 25 Okay.  16 1 MR. ISA: Sure. 2 MR. HEITMANN: Thank you. 3 MR. ISA: That’s fine. 4 Thank you. 5 (Whereupon, there was a pause in the 6 proceedings.) 7 CHAIRMAN GARCIA: You can continue. 8 MR. HEITMANN: Okay. I have two witnesses 9 tonight. My first witness is Mr. Gilchrist. He 10 is the architect. 11 If I could bring him up now, to go through 12 the plan? 13 MS. DILLON: Hi. 14 Do you have a card? 15 MR. GILCHRIST: I do. 16 (Whereupon, there was a pause in the 17 proceedings.) 18 MS. DILLON: Sir, please raise your right 19 hand. 20 Do you affirm the testimony you’re about to 21 give this Board is the whole truth? 22 MR. GILCHRIST: Yes, I do. 23 MS. DILLON: Please state your name and 24 spell it for the record. 25 MR. GILCHRIST: John Gilchrist,  17 1 G-I-L-C-H-R-I-S-T. 2 MS. DILLON: Thank you. 3 MR. HEITMANN: Okay. Mr. Gilchrist, what 4 is your occupation? 5 MR. GILCHRIST: I’m an architect. 6 MR. HEITMANN: Okay. And where are you 7 employed? 8 MR. GILCHRIST: I -- I work for myself in 9 Montvale. 10 MR. HEITMANN: Okay. Are -- and are you 11 licensed? 12 MR. GILCHRIST: Licensed in the State of 13 New Jersey, yes. 14 MR. HEITMANN: Okay. 15 MR. GILCHRIST: Licensed architect, 16 licensed engineer. 17 MR. HEITMANN: And can you give us a brief 18 synopsis of your educational background? 19 MR. GILCHRIST: I have a bachelor of 20 science degree from University of Virginia, and 21 I’ve been licensed in New Jersey since mid-‘80s, 22 working for myself in Montvale for the last 21 23 years. 24 MR. HEITMANN: And have you prepared 25 similar plans before?  18 1 MR. GILCHRIST: Yes, I have. 2 MR. HEITMANN: Have you testified before 3 the -- before boards before? 4 MR. GILCHRIST: Yes, I have. 5 MR. HEITMANN: Okay. I’d like to move to 6 have Mr. Gilchrist seen as an -- excuse me -- as 7 a -- as an expert. 8 CHAIRMAN GARCIA: Yes. I don't -- I don't 9 recall that you ask, did you -- this is the first 10 time in front of the Board, or you been -- 11 MR. GILCHRIST: No, no. Many times before. 12 CHAIRMAN GARCIA: Yes. Pleasure to accept 13 your qualification. 14 MR. GILCHRIST: Thank you. 15 CHAIRMAN GARCIA: You’re welcome. 16 MR. HEITMANN: Okay. Are you familiar with 17 our mutual client, Mr. Gilchrist? 18 MR. GILCHRIST: Yes, I am. 19 MR. HEITMANN: Okay. Is it RDK Associates? 20 MR. GILCHRIST: Yes. 21 MR. HEITMANN: And did RDK Associates ask 22 you to prepare plans for this evening? 23 MR. GILCHRIST: Yes, he did. 24 MR. HEITMANN: Okay. And what are the date 25 of those plans?  19 th 1 MR. GILCHRIST: February 25 of 2015. 2 MR. HEITMANN: Are there any revision 3 dates? 4 MR. GILCHRIST: That’s the revision -- 5 that’s the latest date. 6 MR. HEITMANN: That’s the latest revision 7 date. 8 And is this the plan -- 9 MR. GILCHRIST: Yes. 10 MR. HEITMANN: -- that you have on the 11 tripod? 12 MR. GILCHRIST: This is the plan. 13 MR. HEITMANN: And I would ask to have the 14 plans submitted as evidence at this time. 15 Does everybody have a copy? 16 MR. BONACCI: Yup. 17 CHAIRMAN GARCIA: So, October the 2nd, ’14? 18 MR. GILCHRIST: Mine says February 25 th. 19 CHAIRMAN GARCIA: Okay. Okay. 20 MR. GILCHRIST: Yeah. October the 9th was 21 a -- an earlier -- 22 CHAIRMAN GARCIA: The original one. 23 MS. GUTIERREZ: Oh, okay. 24 CHAIRMAN GARCIA: Perfect. 25 MR. HEITMANN: Mr. Gilchrist, can you tell  20 1 us what the nature of the -- of RDK’s application 2 is? 3 MR. GILCHRIST: Yes. It’s an existing 4 three story, three family building. And we have 5 a basement that’s currently vacant, and the 6 application is to use the base -- to transform 7 the basement into a legal one bedroom apartment. 8 MR. HEITMANN: And so, what kind of 9 variances are required? 10 MR. GILCHRIST: It is a -- and I forget -- 11 two family zone? Three family -- 12 MR. HEITMANN: Two to three. Yeah. 13 MR. GILCHRIST: It’s -- it’s two to three 14 family zone. So, the -- the primary variance is 15 that. 16 MR. HEITMANN: Is the use variance. 17 MR. GILCHRIST: Would be a use for a fourth 18 family in the zone. 19 MR. HEITMANN: Will -- will the unit be -- 20 will be constructed, do you anticipate that that 21 will meet all the building codes? 22 MR. GILCHRIST: Yes. The -- the primary 23 building code is to have safe egress from the 24 bedroom. 25 Currently, there’s actually three ways out  21 1 of the basement. There’s a stair, an internal 2 stair; there’s a back door out to the back yard; 3 there’s a side door to a -- a side alley. 4 So, there’s three ways out of the basement. 5 So, it will -- it will be safe. 6 MR. HEITMANN: Great. 7 Are there any other variances that are 8 existing? Uses that are -- sorry -- any -- any 9 variances that you have listed there that are 10 existing? 11 MR. GILCHRIST: I don't have any listed. 12 Everything else -- basically, we’re not changing 13 anything exterior. So, the site stays exactly as 14 it is. The front yard, the back yard, the 15 coverage. Everything stays exactly as they are. 16 There are existing nonconformities. We 17 need a ten foot front yard. We only have 5.3. 18 That’s -- that’s the -- 19 MR. HEITMANN: Side yard? 20 MR. GILCHRIST: -- rear yard. I’m sorry. 21 We -- we -- we’re good. It’s basically the side 22 yards. 23 MR. HEITMANN: Side yards, front yard. 24 MR. GILCHRIST: Front yard. I’m sorry. 25 MR. HEITMANN: Okay.  22 1 MR. GILCHRIST: Yeah. We have -- our side 2 yards are zero. Required two and five. We’re 3 built right out to the property lines. 4 MR. HEITMANN: And those are existing. 5 We’re not looking to change that. 6 MR. GILCHRIST: That’s existing conditions. 7 MR. HEITMANN: Correct? 8 MR. GILCHRIST: Yes. 9 MR. HEITMANN: Okay. Does the Board have 10 any questions for Mr. Gilchrist? 11 CHAIRMAN GARCIA: So, basically the 12 application is for three to four? 13 MR. HEITMANN: Correct. 14 CHAIRMAN GARCIA: And basically, are you -- 15 are you planning to do -- to do any -- any 16 changes inside, or going to just -- doesn’t going 17 to do any structure change, anything? You don’t 18 want to build anything? Going to stay the same 19 or -- 20 MR. GILCHRIST: There’s -- there’s -- it 21 will be refit. There is -- we’re creating a 22 laundry room for the building. 23 This -- this new bedroom is to be 24 constructed. The boiler room is -- boiler that 25 exists. We’ll put a wall around it. New  23 1 bathroom. 2 So, yes. There’s construction on the -- in 3 the basement. 4 CHAIRMAN GARCIA: But internal? 5 MR. GILCHRIST: All internal. 6 CHAIRMAN GARCIA: Nothing in the -- 7 MR. GILCHRIST: Nothing outside. 8 CHAIRMAN GARCIA: All internal. 9 And -- and actually, what is existing? It 10 is occupied right now, or it is -- is empty? 11 MR. GILCHRIST: It’s empty. 12 CHAIRMAN GARCIA: And is your client here, 13 or no? 14 MR. HEITMANN: He is. 15 CHAIRMAN GARCIA: Can I -- can I -- can the 16 client come up front? 17 MR. HEITMANN: Sure. 18 Mr. Passante, please? Come up. 19 Right here. 20 MS. DILLON: Sir, please raise your right 21 hand. 22 Do you affirm the testimony you’re about to 23 give this Board is the whole truth? 24 MR. PASSANTE: Yes. 25 MS. DILLON: Please state your name and  24 1 spell it for me. 2 MR. PASSANTE: It’s Ralph S. Passante, Sr. 3 MS. DILLON: Spell your last name. 4 MR. PASSANTE: P, like in Peter, 5 A-S-S-A-N-T-E. 6 MS. DILLON: And the first name’s Ralph? 7 MR. PASSANTE: Correct. 8 MS. DILLON: Thank you, sir. 9 MR. PASSANTE: And senior. 10 MS. DILLON: If you could stay by that 11 microphone for me? Right in front of you. 12 MR. PASSANTE: Stay here. 13 MS. DILLON: Okay. Thank you. 14 MR. PASSANTE: Sure. 15 CHAIRMAN GARCIA: Before I start to ask you 16 question, Mr. Isa -- 17 MR. ISA: Yes? 18 CHAIRMAN GARCIA: -- the client is -- it’s 19 an entity, not an individual. 20 MR. ISA: And -- 21 CHAIRMAN GARCIA: So, he going to talk -- 22 MR. ISA: You are -- 23 CHAIRMAN GARCIA: -- a presentation of -- 24 of that entity. 25 MR. ISA: You’re --  25 1 CHAIRMAN GARCIA: Right? 2 MR. ISA: -- a member of the entity, or you 3 -- 4 CHAIRMAN GARCIA: Because RDK is an entity. 5 Right? 6 MR. PASSANTE: Correct. 7 MR. HEITMANN: Yes. 8 MR. PASSANTE: It’s an LLC. 9 MR. HEITMANN: It’s an LLC. 10 CHAIRMAN GARCIA: It’s an LC. 11 MR. HEITMANN: There would be one or more 12 members. 13 Mr. Passante, are you a member of RDK Royal 14 Associates? 15 MR. PASSANTE: Yes, I am. I’m the 16 President, but there’s three owners. 17 MR. ISA: And you’re authorized to speak on 18 behalf of -- 19 MR. PASSANTE: My sons and I. 20 CHAIRMAN GARCIA: Okay. Perfect. 21 My question is, to the client, is which one 22 is the existing condition of -- of that apartment 23 right now? 24 MR. PASSANTE: What is the condition? 25 CHAIRMAN GARCIA: That -- it’s -- yeah. It  26 1 is rented, is empty, is vacant? 2 MR. PASSANTE: Nothing. There’s no one in. 3 We renovated all three floors. Redid the whole 4 -- the whole building, and now we’re going to do 5 -- we want to do some work, clean up the outside, 6 as well. 7 CHAIRMAN GARCIA: Okay. But prior to that, 8 it used to -- there was -- 9 MR. PASSANTE: There was -- it was prior to 10 that, a friend of mine, actually, owned it and 11 his aunt died. And -- and they had to sell it. 12 She didn’t die. She’s in a nursing home. 13 CHAIRMAN GARCIA: Okay. 14 MR. PASSANTE: Then, they sold it. 15 CHAIRMAN GARCIA: But basically you -- 16 MR. PASSANTE: And she used to live there. 17 CHAIRMAN GARCIA: -- you bought it with the 18 -- with the four units. 19 MR. PASSANTE: I bought it the way with the 20 three units and the basement. Correct. 21 CHAIRMAN GARCIA: And the basement was –- 22 My question is, is it -- is it -- 23 MR. HEITMANN: Was the basement storage? 24 Was it -- was it used -- 25 CHAIRMAN GARCIA: Was it storage? Was  27 1 empty? 2 MR. PASSANTE: Well, they had it -- 3 CHAIRMAN GARCIA: What -- it used to be an 4 apartment, and then you -- 5 MR. PASSANTE: It was fixed at some point. 6 Yes. It was -- they had some fixing that was in 7 there. 8 CHAIRMAN GARCIA: Was in there. Okay. 9 And -- and the building is completely empty 10 right now? 11 MR. PASSANTE: Correct. 12 CHAIRMAN GARCIA: Correct. 13 When -- when RDK acquired this -- this -- 14 MR. BONACCI: Property. 15 CHAIRMAN GARCIA: -- this property? 16 MR. HEITMANN: I -- if Mr. Passante doesn’t 17 know, I have the deed in my file. 18 MR. PASSANTE: I -- I believe it was 19 acquired approximately year and a half ago. 20 CHAIRMAN GARCIA: Year and a half ago, with 21 that condition. Okay. 22 And -- and you basically bought it as -- as 23 a four unit, not as a three unit. 24 MR. PASSANTE: Correct. 25 CHAIRMAN GARCIA: Okay. Okay. I have no  28 1 further question for the client. 2 MR. HEITMANN: Thank you. 3 MS. GUTIERREZ: Thank you. 4 CHAIRMAN GARCIA: Thank you very much. 5 To the architect, the -- can you go through 6 the size of the unit? 7 Basically, the one that you are asking for 8 -- for the legalize, and I’m understanding is the 9 basement. 10 MR. GILCHRIST: The floor is 1,174 square 11 feet. The floor above it, which I put first 12 floor plan, just as an example, again, 1,174 13 square feet. The -- the two floors above it are 14 -- are the same. 15 The actual living area of the apartment 16 will be somewhat smaller, because we have a -- a 17 laundry and the boiler room. But generally, in 18 the thousand square foot range. 19 CHAIRMAN GARCIA: Okay. 20 I understand that it is not our problem -- 21 we don’t enforce this. I know that the Building 22 Department enforce that. 23 However, I’m not seeing any plans, any kind 24 of sprinkle system, or whatever. Are you -- did 25 you install all the sprinkle system, or they --  29 1 they didn’t install sprinkle? 2 MR. GILCHRIST: No. We’ll deal with that 3 as part of the building permit process. 4 CHAIRMAN GARCIA: Okay. Any other 5 question? 6 MR. GRULLON: Could you -- you say that 7 everything is going to comply by Code. 8 MR. GILCHRIST: Yes. 9 MR. GRULLON: Could you tell me the height 10 of the ceiling, of the basement? 11 MR. GILCHRIST: I don't remember. It’s -- 12 it’s in excess of seven feet. 13 MR. GRULLON: Yeah. It’s over seven feet? 14 MR. GILCHRIST: About seven and a half. 15 A VOICE: Seven and a half feet. 16 MR. GRULLON: And -- and the windows, are 17 you proposing that they’re going to be Code 18 compliant? 19 MR. GILCHRIST: The -- the Code compliant 20 window is to get egress from a bedroom, emergency 21 egress from a bedroom. We’re going to give them 22 a door, which is better. 23 MR. GRULLON: Okay. 24 MR. GILCHRIST: Yes, sir? 25 MR. GRULLON: And -- and your client  30 1 mentioned that you’re going to do some cleanup on 2 the façade of the building? 3 MR. HEITMANN: I think he said he already 4 did. 5 MR. GRULLON: Oh. He did. 6 MR. HEITMANN: He did -- he did some work. 7 Was it -- was it already done? You were 8 going to cleanup the -- the façade of the 9 building, Mr. Passante? 10 MR. PASSANTE: The outside? 11 MS. DILLON: He can’t answer -- 12 MR. HEITMANN: Yeah. 13 MS. DILLON: -- from there. 14 MR. PASSANTE: Work still has to be done on 15 -- 16 MS. DILLON: Sir, you’ve got to come 17 forward. 18 MR. GRULLON: Yeah. I’d like you -- 19 MR. HEITMANN: I’ll allow my client to 20 answer that -- 21 MR. GRULLON: If -- 22 MR. HEITMANN: -- question, if you could 23 just repeat the question -- 24 MR. GRULLON: Sure. 25 MR. HEITMANN: -- for the court reporter?  31 1 MR. GRULLON: My question was if you’re 2 going to do any work on the exterior of the 3 building, like the façade of the building? 4 MR. PASSANTE: Yes. We want to -- we want 5 to clean it up nicer than what it is. It needs 6 some repairs. The door in the front, we have to 7 point some of the joints on the cement, and -- 8 and fix it up much nicer than what it is, quite 9 frankly. It needs some work. 10 MR. GRULLON: Okay. 11 MR. PASSANTE: But that’s all in our plan 12 to do it. 13 MR. GRULLON: All right. Thank you. 14 MR. GILCHRIST: Yes, sir? 15 MR. BONACCI: So, this new door that you 16 guys are -- 17 MR. GILCHRIST: Yes. 18 MR. BONACCI: -- putting in, before that 19 door -- so like, what’s there now? Has -- has -- 20 MR. GILCHRIST: There’s a door there. 21 MR. BONACCI: There’s a door there now? 22 MR. GILCHRIST: Yeah. We’re going to put a 23 door with a window. 24 MR. BONACCI: Okay. 25 MR. GILCHRIST: Get some light in the room.  32 1 MR. BONACCI: So, in and out, how does that 2 work, to get down to that basement currently? 3 MR. GILCHRIST: There’s an internal stair. 4 MR. BONACCI: Okay. 5 MR. GILCHRIST: From the front door, front 6 door here, you would go down the stair. Or out 7 this door, there’s some stairs up in the alley. 8 And then, as I said, the door at the back. 9 MR. BONACCI: Okay. 10 MR. GILCHRIST: To the backyard. 11 MR. BONACCI: So, there’s going to be two 12 doors to that basement. 13 MR. GILCHRIST: There’s -- there’s three 14 ways out. Yeah. 15 MR. GRULLON: Three doors. Yeah. 16 MR. BONACCI: Okay. Three. Perfect. 17 CHAIRMAN GARCIA: Mr. Spatz, I have a 18 question for you. 19 MR. SPATZ: Yes? 20 CHAIRMAN GARCIA: This is the R zone. 21 Right? 22 MR. SPATZ: Yes. 23 CHAIRMAN GARCIA: And R zone is three -- is 24 three families permitted. Right? 25 MR. SPATZ: Right. One family, two family,  33 1 and three family. Correct. 2 CHAIRMAN GARCIA: And three family. 3 Okay. The -- I don't know. Did you have a 4 chance to visit the area? I mean, how is the -- 5 I’m seeing that next to that is a one -- probably 6 six family. 7 On the other side, you have another, what, 8 is it two family house or three family house? 9 MR. HEITMANN: Mr. Chairman, I actually 10 have a planner here that can probably answer 11 those questions -- 12 CHAIRMAN GARCIA: Oh, okay. 13 MR. HEITMANN: -- better than the 14 architect. 15 CHAIRMAN GARCIA: Perfect. Okay. Perfect. 16 MR. HEITMANN: She’s coming up next. 17 CHAIRMAN GARCIA: Yeah. Okay. Okay. 18 MR. HEITMANN: If you’d like to bring her 19 up? 20 CHAIRMAN GARCIA: Thank you very much. 21 MR. HEITMANN: You’re welcome. 22 Any other -- any -- anybody have any 23 questions for him? 24 CHAIRMAN GARCIA: No further question. Not 25 for now, but yes.  34 1 MR. HEITMANN: Okay. 2 MR. BONACCI: Thank you. 3 CHAIRMAN GARCIA: And the practice we have 4 is that we open to the public later on, for both, 5 for the -- for any expert. 6 MR. HEITMANN: Thank you. 7 Okay. At this time, I’d like to call 8 Brigette Bogart. 9 MS. DILLON: Hi. 10 Do you have a card? 11 MS. BOGART: Yes. 12 (Whereupon, there was a pause in the 13 proceedings.) 14 MS. DILLON: Please raise your right hand. 15 Do you affirm the testimony you’re about to 16 give this Board is the whole truth? 17 MS. BOGART: I do. 18 MS. DILLON: Please state your name and 19 spell it for me. 20 MS. BOGART: It’s Brigette Bogart, 21 B-R-I-G-E-T-T-E, and the last name is Bogart, 22 B-O-G-A-R-T. 23 MS. DILLON: Thank you. 24 MR. HEITMANN: Okay. Ms. Bogart, what is 25 your occupation?  35 1 MS. BOGART: I’m a professional planner in 2 the State of New Jersey. 3 MR. HEITMANN: Okay. And where are you 4 employed? 5 MS. BOGART: I am self-employed. 6 MR. HEITMANN: Okay. How long have you 7 been self-employed? 8 MS. BOGART: It will be three years next 9 week. Prior to that, I was partners with Burgis 10 Associates, which is a planning firm in Bergen 11 County. I’m also in Bergen County. So, May 20 th 12 or so, three years ago, I started my own. 13 MR. HEITMANN: Okay. And is there -- are 14 you licensed? 15 MS. BOGART: I’m a licensed planner in the 16 State of New Jersey. I also have recognition by 17 the American Institute of Certified Planners, 18 national recognition. And I’m also a certified 19 grant writer. 20 MR. HEITMANN: Okay. And give us a brief 21 educational background? 22 MS. BOGART: Sure. 23 I have a bachelors in environmental design 24 and architecture from North Carolina State 25 University.  36 1 I have a masters in city and regional 2 planning from the University of Pennsylvania. 3 As I mentioned, I’d been working in the 4 State of New Jersey since, I think, 2001. 5 Currently, on my own, representing four 6 municipalities and also, the other half of my 7 business is representing private clients. 8 MR. HEITMANN: Okay. At this time, I’d 9 like to move to have Ms. Bogart qualified as an 10 expert. 11 CHAIRMAN GARCIA: Yes. Our pleasure to 12 accept your qualification. 13 MS. BOGART: Thank you. 14 MR. HEITMANN: Ms. Bogart, were you asked 15 by our client to prepare a report? 16 MS. BOGART: I was. I prepared a report. 17 Basically, it’s the outline for my testimony. It 18 describes all my research I had prepared. And 19 what I’d like to do is just briefly run through 20 the report. Obviously, not read it page for 21 page, but just give you an idea of what my 22 analysis is. And this just provides some 23 additional information for the Board. 24 MR. HEITMANN: Would everybody on the Board 25 like a copy of the report?  37 1 CHAIRMAN GARCIA: Yes, please. 2 MS. GUTIERREZ: Yes, please. 3 MR. ISA: We should mark that into 4 evidence. 5 (Whereupon, there was a pause in the 6 proceedings.) 7 (Whereupon, Planning Report Prepared by 8 Brigette Bogart dated 5/14/15 was received and 9 marked as Exhibit A-1.) 10 MS. BOGART: So, the report is dated with 11 today’s date. It is an eight page analysis of 12 our site, the City’s Master Plan, the Zoning 13 Ordinance, the variances we’re requesting, and 14 obviously, the statutory criteria. 15 As you heard from our architect, he’s 16 basically addressed the property description. 17 What I’d like to talk about is the surrounding 18 development pattern, because I think that’s 19 important from a planning perspective. 20 If you look at your own Master Plan, 21 starting on page 1 of the report, I have taken a 22 clip of the map in your Master Plan, and looked 23 at the surrounding uses. 24 So, you’ll see the map identifies the uses 25 as identified in your Master Plan, but when you  38 1 actually go out to the neighborhood, it’s 2 slightly different than what the mapping is in 3 the Master Plan. 4 I’m starting on the south side of 45th 5 Street. There are several industrial uses. 6 There’s also a vacant lot. 7 And then, as you move north towards the 8 site, we have two -- one multi-family building, 9 and an apartment building, or mixed use building 10 fronting on 45th Street. And then, you move into 11 Brown Street. 12 I should note that the Master Plan 13 indicates a single family home immediately 14 adjacent to the site. That’s not the case. 15 As you move on to pages 2 and 3 of the 16 report, I provided a photographic inventory, 17 identifying the lot and block, and also the 18 number of units that currently exist, as I saw it 19 when I went out to the neighborhood, just looking 20 at meters, doorbells, and just trying to get a 21 reach feel for the character of the neighborhood. 22 As you’ll see from the chart on pages 2 and 23 3, the neighborhood is really a mix of four and 24 five family units. And then, you have those two 25 apartment buildings.  39 1 So, you’ll see the first one on the chart 2 is our -- our building. As you heard, our client 3 said that it was a three or four dwelling unit 4 building. 5 And then, you move on. Immediately 6 adjacent, we actually have six dwelling units in 7 that building. 8 The corner apartment buildings, there’s 20 9 dwelling units. 10 The one across the street, we’re not really 11 sure. I wasn’t able to identify how many units, 12 but that’s the mixed use building across the 13 street. 14 Then, you have a couple of two and three 15 family dwelling units up and down Brown Street, 16 to the north of the property. 17 But then, also -- but across the street, 18 you have a building of five units, and also eight 19 dwelling units. 20 So, you can see, from a planning 21 perspective, the difference between three and 22 four units really does not make a substantial 23 difference in this neighborhood. I think that is 24 consistent with the surrounding development 25 pattern.  40 1 As you can see, it is very varied, from 2 industrial uses to large multi-family apartment 3 buildings. And then, all the way down to the two 4 story dwelling units. 5 So, I think, from a planning perspective, 6 what we are proposing is consistent with that 7 neighborhood and consistent with a lot of your 8 Master Plan goals. 9 As I mentioned to you, this report includes 10 a lot of information on your City Master Plan. 11 And I think that’s important when you’re 12 evaluating any variance situation. 13 And you’ll see, on page 4, I delineate some 14 of the goals and objectives of your Master Plan. 15 And I believe that we further those goals. 16 For example, we’re providing a broad array 17 of housing choices. We are promoting and 18 reinforcing an attractive environment. 19 As you heard from our client and architect, 20 we’re rehabbing the unit. The one thing you 21 haven’t heard is that the new unit is going to be 22 utilized for an on-site supervisor. So, they’re 23 going to be there to take care of any maintenance 24 issues on the property, to ensure that it is 25 continually maintained.  41 1 So, from those perspectives, I think that 2 we further the Master Plan. 3 The one other thing that I would note in 4 the Master Plan, is that -- there’s a typo in the 5 report, but immediately to the east of the 6 property, there’s an area identified for 7 redevelopment for higher density, mixed use 8 development, sort of a takeoff with the Weehawken 9 development. 10 And I think that by allowing for one 11 additional dwelling unit in our property, that 12 actually furthers this concept of providing 13 additional density to the east, because 14 additional residents will populate and actually 15 attend retail uses that are proposed to the east 16 of the site. 17 So, I think, in that perspective, again, we 18 are consistent in furthering the goals of the 19 Master Plan. 20 The architect went through the variances. 21 Really, what we’re looking for is a D-1 variance 22 for the additional dwelling unit. 23 We, obviously, need a parking variance, 24 because we have no parking on-site. And 25 technically, through RSIS, we would be required  42 1 eight spaces on-site, which is silly, 2 particularly in this neighborhood. 3 The -- page 6 of the report -- actually, I 4 did a research on the census data. And you’ll 5 see page 6 provides identification of the census 6 tract and the car ownership, as reported in this 7 area. 8 And 58 percent -- I just want to see -- 9 yeah, 58 percent of your households do not own 10 cars, because they utilize mass transit, which is 11 typical. 12 And therefore, I think that that’s one of 13 the basis for our variance request. And I think 14 that we’re also consistent with the surrounding 15 development pattern. 16 As I mentioned to you, we need the D-1 use 17 variance for the four units. And one of -- in 18 order to -- for this Board to grant the use 19 variance, we have to prove that we further the 20 goals of the Master Plan, as I indicated to you 21 earlier, and also further detailed in this 22 report; but also, further the goals of the 23 Municipal Land Use Law. 24 On page 7, I identified two goals, goals A 25 and E. A is to provide -- encourage municipal  43 1 action to guide appropriate use and development 2 of all lands. 3 I think by allowing this fourth unit is 4 definitely an appropriate development perspective 5 from your Master Plan, and also your surrounding 6 development pattern. 7 And purpose E is to establish appropriate 8 population densities. Again, as you notice on 9 the other pages, I think this is an appropriate 10 density for this neighborhood. 11 Lastly, for a use variance, we have to 12 prove the negative criteria. 13 There’s no substantial detriment to the 14 public good. We are improving the property, so I 15 think we’re good. I think that we are actually 16 promoting the public good. 17 And there’s no substantial detriment to 18 your Master Plan. 19 And as I mentioned earlier, I don't believe 20 so. 21 Can I just grab my water? Sorry. 22 (Whereupon, there was a pause in the 23 proceedings.) 24 MS. BOGART: So, again, on page 7, just to 25 finalize the use variance criteria. I think the  44 1 site is particularly suited for our development. 2 And from that perspective, we meet the Medici 3 criteria. 4 With regard to the parking variance, we 5 basically have to identify the purposes of the 6 Municipal Land Use Law. Again, it furthers the 7 benefits, outweigh the detriments. 8 And again, address the negative criteria. 9 The purposes are similar to the D-1 10 variance. And they are listed on page 7. 11 I think the benefit of not providing the 12 eight spaces on-site are clear. It would be 13 consistent with the -- the surrounding 14 development pattern. It’s consistent with what 15 the census tract information shows. And it 16 provides development at a greater intensity as 17 proposed by your Master Plan. 18 So, from all those perspectives, I believe 19 that this Board has a right to grant the use 20 variance for the fourth unit, as well as the 21 parking variance. 22 And that’s basically the conclusion of the 23 report, as a whole. 24 And if I ran to -- through it too quickly, 25 let me know.  45 1 CHAIRMAN GARCIA: Okay. 2 MR. HEITMANN: That’s all I have for the 3 witness, if the Board has any questions for her? 4 CHAIRMAN GARCIA: That’s all you have. 5 Okay. 6 Yes. I have a question. 7 In your report, you mentioned that you have 8 ten -- you identify property with the units. 9 MS. BOGART: Um hum. 10 CHAIRMAN GARCIA: And one that is unknown, 11 that you didn’t know how many units. You have 12 the six of those plus ten that you identified the 13 number of units are -- 14 MS. BOGART: Um hum. 15 CHAIRMAN GARCIA: -- are three or less 16 units. Right? 17 MS. BOGART: Five. One, two, three, four, 18 five. 19 CHAIRMAN GARCIA: Five. If we include 20 yours is six. Right? 21 MS. BOGART: That's correct. 22 CHAIRMAN GARCIA: Okay. And basically, the 23 -- you’re also including those one, you have -- 24 you have two. There are, like two units. 25 MS. BOGART: That's correct.  46 1 CHAIRMAN GARCIA: That's correct. 2 Mr. Spatz, I have a question for you. 3 MR. SPATZ: Sure. 4 CHAIRMAN GARCIA: We didn’t -- I don't see 5 the report, but however, can you at least give -- 6 give your opinion, I mean, in respect to, like a 7 brief report, briefly to -- to us, member of the 8 Board, regarding that? 9 I know this is an R zone. I know that it 10 is three unit, to legalize the fourth. However 11 -- I mean, seeing this report that she provided, 12 the planner provided, can you help us to clarify 13 in our mind? 14 MR. SPATZ: Sure. 15 Well, you know, again, the Board would have 16 to determine the -- and balance the positive and 17 -- and the negative criteria, but it seems that 18 Brown Street, in the vicinity of this property, 19 has a mixture of -- of multi-family, as well as 20 lower and permitted uses within that zone. 21 So, it isn’t a zone that is uniform in its 22 development. So, I think -- you know, you have 23 to determine whether the one additional unit is 24 in character with the neighborhood, and whether 25 the one bedroom apartment, which is conforming as  47 1 to size in our Zoning Ordinance, whether that one 2 additional unit would create a -- something out 3 of balance with the rest of the neighborhood. 4 CHAIRMAN GARCIA: Right. 5 MR. SPATZ: But it is a mixed unit type 6 development, neighborhood. 7 CHAIRMAN GARCIA: Yeah. Actually that 8 building is between six and two, I think so. 9 MS. BOGART: Mr. Chairman, if I may? 10 CHAIRMAN GARCIA: Yeah. 11 MS. BOGART: The chart provides ten -- 12 basically ten properties, 11 including ours. 13 Five of them are two and three story -- family 14 units, and the others are greater than that, so 15 -- 16 CHAIRMAN GARCIA: Right. 17 MS. BOGART: -- our proposal -- 18 (Whereupon Miguel Ortiz arrived at 6:45 19 p.m.) 20 MS. BOGART: -- fits right in the middle of 21 it. 22 CHAIRMAN GARCIA: Okay. 23 One of the -- my -- 24 THE SECRETARY: If you allow me one second, 25 Mr. Chairman.  48 1 Let the record indicate that Mr. Ortiz 2 joined the meeting. 3 CHAIRMAN GARCIA: The -- the architect, can 4 I bring -- can –- you can stay there. 5 Can -- can the architect give us a better 6 picture about the -- the condition of -- of that 7 basement? 8 Because you are trying to legalize the 9 basement. Right? 10 MR. HEITMANN: Yes. 11 CHAIRMAN GARCIA: I mean, can you -- I 12 mean, it’s something like -- was no people are 13 living there. You rebuilt the basement and it’s 14 a new unit that you built there. 15 MR. GILCHRIST: There’s -- there is 16 evidence that this may have been used as a 17 residence. 18 CHAIRMAN GARCIA: Okay. 19 MR. GILCHRIST: But not recently. It’s not 20 in good shape. It’s -- it’s in disrepair. 21 CHAIRMAN GARCIA: Okay. Okay. 22 Thank you. 23 I think that -- you have any other -- 24 further question? 25 No? Okay.  49 1 We’re going to open to the public, and then 2 we –- okay. 3 Any member of the public wants to step 4 forward? 5 MS. DILLON: Mr. Price, please raise your 6 right hand. 7 Do you affirm the testimony you’re about to 8 give this Board is the whole truth? 9 MR. PRICE: I do. 10 MS. DILLON: Name and address for the 11 record. 12 MR. PRICE: Larry Price, 1006 Palisade 13 Avenue. 14 MS. DILLON: Just take one step on the 15 other side of the mic, if you’re going to face 16 that way. Perfect. 17 MR. PRICE: Okay. Actually, I’m going to 18 face this way. 19 (Whereupon, there was a pause in the 20 proceedings.) 21 CHAIRMAN GARCIA: No, no, no. I just want 22 Mr. Spatz to ask a question. 23 You can continue? 24 MR. SPATZ: Hmm? 25 CHAIRMAN GARCIA: No. You can continue.  50 1 MS. DILLON: I -- I’m done. 2 CHAIRMAN GARCIA: Oh, you’re done? 3 Okay. Mr. -- 4 MR. PRICE: Okay. Okay. 5 MS. GUTIERREZ: We were waiting for you. 6 MR. PRICE: By the way, first -- 7 CHAIRMAN GARCIA: Well, you have a question 8 for them, or you are -- 9 MR. PRICE: Well, first of all, just put in 10 -- first, I have a question for Mr. Isa. 11 CHAIRMAN GARCIA: Go ahead. 12 MR. PRICE: Did we get a memorandum from 13 the Building Department about this property? 14 CHAIRMAN GARCIA: We do. 15 MR. ISA: Yes, we do. 16 THE SECRETARY: Yes. Yeah, we do. 17 CHAIRMAN GARCIA: Three units. 18 MR. PRICE: Three units. 19 CHAIRMAN GARCIA: Yes. 20 MR. PRICE: That’s the official -- 21 Okay. The second thing I’ll do is to enter 22 an objection about this planning report. It was 23 not submitted ten days -- it’s -- it’s being 24 relied on by the applicant as one of their 25 primary --  51 1 CHAIRMAN GARCIA: Mr. Price, let me tell 2 you something. One second. 3 The only -- the one -- I understand that, 4 but the way that I accept it, as -- the Board 5 accept is just in writing, whatever she testify 6 there. It’s not like -- that’s what we were 7 taking. 8 So, that’s -- that’s the way that she 9 presented. 10 MR. ISA: She -- she presented -- she made 11 a -- an oral presentation. This is just -- 12 CHAIRMAN GARCIA: And I would love that all 13 the planner could come here with this. 14 MR. PRICE: But it -- it should have -- 15 CHAIRMAN GARCIA: Because it clarify us. 16 MR. PRICE: It -- if it’s going to be 17 submitted, and it has been, and it’s -- 18 CHAIRMAN GARCIA: Yes. 19 MR. PRICE: -- given an exhibit number, it 20 should have been submitted ten days in advance, 21 so that any interested party could -- could look 22 at it. It wasn’t done, so – 23 MR. ISA: I mean -- 24 CHAIRMAN GARCIA: And that’s what -- I 25 understand your point and that it has to be part  52 1 of the application. However, I’m seeing like 2 it’s -- it’s something like reading whatever 3 she’s saying. And also, the same thing, the same 4 picture they presented at any meeting. 5 That’s what I’m accepting. You know what I 6 mean? 7 MR. PRICE: Okay. But I’ll -- 8 CHAIRMAN GARCIA: And that’s the way that I 9 understand it. 10 MR. PRICE: I’ll still enter the objection 11 – 12 MR. ISA: Understood. 13 CHAIRMAN GARCIA: Okay. Okay. I understand. 14 MR. PRICE: -- just for -- for the record. 15 CHAIRMAN GARCIA: Yeah. 16 MR. PRICE: Okay. I think I want to be up 17 -- Mr. Gilchrist? 18 MR. GILCHRIST: Gilchrist. 19 MR. PRICE: Gilchrist. Because I -- 20 MR. GILCHRIST: You want me to stand up? 21 MR. PRICE: You’re still wired. Right? 22 MR. GILCHRIST: I’m still sworn in. 23 MR. PRICE: Oh, well, sure. But you’re 24 wired. That’s it. 25 MS. DILLON: Mr. Price, here you go.  53 1 MR. PRICE: Mr. Gilchrist? 2 MR. GILCHRIST: Yes, sir. 3 MR. PRICE: About the -- about the 4 apartment, whatever, you indicated that the 5 apartment -- the -- the entire floor contains 6 1134 square feet. 7 Correct? 8 MR. GILCHRIST: Eleven seventy-four. 9 MR. PRICE: Eleven seventy-four. Okay. 10 What if -- what -- what’s the square 11 footage of the actual apartment, X the furnace 12 room, X the laundromat, which is not part of the 13 apartment. 14 MR. GILCHRIST: You know, I’m guessing that 15 it’s about a thousand square feet. I -- I don't 16 -- 17 MR. PRICE: About a thousand. 18 MR. GILCHRIST: -- have the calculations. 19 MR. PRICE: Okay. This is a one bedroom -- 20 MR. GILCHRIST: Yes. 21 MR. PRICE: -- apartment. Okay. That -- 22 Okay. What’s the approximate age of this 23 building? 24 MR. GILCHRIST: I don't know. 25 MR. PASSANTE: About 1920. Something like  54 1 ’20. 2 MR. GILCHRIST: Hundred years. No. That 3 would be -- yeah, almost, 95 years old. 4 MR. PRICE: Okay. Did you examine the 5 neighborhood? 6 MR. GILCHRIST: I -- you know, I was in the 7 neighborhood. I -- I took some pictures. Yes. 8 MR. PRICE: Okay. What would you say the 9 age of the buildings in the neighborhood was? 10 MR. GILCHRIST: Some are -- some are old 11 and some are new. 12 MR. PRICE: New, being what? 13 MR. GILCHRIST: Brand new, within the last 14 couple of years. 15 MR. PRICE: Okay. You wouldn’t remember 16 the addresses of the new building? 17 MR. GILCHRIST: Maybe the planner would 18 remember. 19 MR. PRICE: Okay. 20 MR. GILCHRIST: I didn’t pay particular 21 attention to them. 22 MR. PRICE: Okay. 23 MR. GILCHRIST: But across -- right across 24 the street, there’s some nice looking new 25 buildings.  55 1 MR. PRICE: Okay. Those -- with the 2 exception of 4501 Brown, though, the only -- the 3 only properties enumerated in this report are the 4 ones on the east side of the street, not across 5 the street, so -- 6 MR. GILCHRIST: Okay. It’s not my report. 7 MR. PRICE: Okay. Okay. Does this 8 building provide parking? 9 MR. GILCHRIST: No. 10 MR. PRICE: Okay. I think I -- for now -- 11 Thank you. 12 MR. GILCHRIST: Thank you. 13 MR. PRICE: Ms. Bogart, could I -- 14 (Whereupon, there was a pause in the 15 proceedings.) 16 MR. PRICE: Okay. Ms. Bogart, I’m going to 17 ask you about the properties in the neighborhood. 18 MS. BOGART: Okay. 19 MR. PRICE: Particularly the ones that 20 you’ve enumerated here. 21 MS. BOGART: Okay. 22 MR. PRICE: You’ve -- you’ve -- mostly, I 23 see pictures of front doors, which are not -- 24 whatever -- too helpful. 25 What -- what are the ages of these  56 1 buildings? 2 MS. BOGART: I didn’t get into the age. We 3 are not discussing the age tonight, we’re talking 4 about the number of units. 5 The pictures of the front doors are merely 6 to show the street addresses. And the chart was 7 merely to identify the number of units based upon 8 mailboxes and meters, as I had testified to. 9 MR. PRICE: Okay. There are ten buildings 10 on this block, on the east side of Brown Street. 11 Correct? 12 MS. BOGART: On the chart, yes. Yes. On 13 the chart. 14 MR. PRICE: Okay. And put it this way. 15 You do have a picture of the building on the 16 corner. 17 MS. BOGART: That's correct. 18 MR. PRICE: What would you say the 19 approximate age of that building is? 20 MS. BOGART: As I mentioned, I did not 21 identify that. 22 MR. PRICE: I’m asking -- you’re an expert. 23 Experts can address hypotheticals. Okay. 24 What -- what’s the age of that building? 25 MS. BOGART: I thought you were supposed to  57 1 question me on my testimony provided. I did not 2 talk about the age of the buildings. 3 MR. PRICE: No. I’m not restricted to -- 4 MS. BOGART: I -- 5 MR. PRICE: -- your direct. 6 MS. BOGART: -- believe you are. 7 MR. PRICE: This is not a trial. It’s a 8 hearing before a board. 9 MS. BOGART: Okay. 10 MR. PRICE: There’s -- 11 Counsel? 12 MR. ISA: She can answer, if she -- I mean, 13 if she doesn’t have an answer for you, she 14 doesn’t have an answer for you -- 15 MR. PRICE: She can’t look -- 16 MR. ISA: -- Mr. Price. 17 MR. PRICE: -- at a picture -- okay. 18 MR. ISA: She doesn’t have -- 19 MR. PRICE: We adopted -- 20 MR. ISA: -- to answer it if she doesn’t 21 know the answer to that question. She didn’t 22 address -- she didn’t look into the age. You 23 know, and just like you can ask a question that 24 wasn’t part of her direct testimony. 25 MR. PRICE: But she is -- she’s under an --  58 1 MR. ISA: If she doesn’t know the answer to 2 your question -- 3 MR. PRICE: -- obligation to respond to the 4 question -- 5 MR. ISA: And the response -- 6 MR. PRICE: -- not -- 7 MR. ISA: -- can be -- 8 MR. PRICE: -- not to -- to stonewall. 9 MR. ISA: -- I don't have an answer for you 10 -- 11 CHAIRMAN GARCIA: Mr. Price? 12 MR. ISA: -- Mr. Price. 13 CHAIRMAN GARCIA: Mr. Price, -- 14 MR. PRICE: Okay. 15 CHAIRMAN GARCIA: -- she’s answered the 16 question, but she’s not answering the -- 17 MR. PRICE: No. She has -- 18 CHAIRMAN GARCIA: She’s answering, but she 19 said that she doesn’t know. So, that’s the 20 answer so -- 21 MR. PRICE: Okay. 22 MR. ISA: That’s it. 23 CHAIRMAN GARCIA: It is. It is -- 24 MR. PRICE: Okay. So -- 25 CHAIRMAN GARCIA: It is not -- it is not  59 1 the answer you’re expecting, but it’s an answer. 2 MR. PRICE: Okay. 3 MR. ISA: That’s it. 4 MR. PRICE: We adopted zoning in Union City 5 for the first time in 1974. 6 In your professional opinion, is it likely 7 that this building was constructed prior to or 8 after 1974? 9 MS. BOGART: I have no idea. I did not 10 look into that. 11 MR. PRICE: I didn’t say -- you have a 12 picture. 13 MS. BOGART: I do. 14 MR. PRICE: You are so unacquainted with 15 construction histories that you can’t look at a 16 picture and say, it’s probable -- 17 MS. BOGART: I believe that’s beyond my 18 professional capability. 19 MR. PRICE: Ah, thank you. Thank you. 20 Okay. Okay. 21 The ten properties that are on the east 22 side, that are enumerated in your report, east 23 side of Brown Street, one, two, three, four -- 24 four have more than -- than three units. 25 Correct?  60 1 MS. BOGART: One, two, three, four, five. 2 Five. 3 MR. PRICE: But would you -- five? Then 4 would you please enumerate them? 5 MS. BOGART: 4508 Brown Street; 4506 Brown 6 Street; 4501 Brown Street -- 7 MR. PRICE: Wait a minute. I said on the 8 east side; 4501 Brown Street is not on the east 9 side, it’s on the west side. 10 MS. BOGART: Okay. Then, you -- you are 11 correct. There are -- 12 MR. PRICE: Okay. So, when you say that an 13 extra unit is in character with the neighborhood, 14 at least as far as your -- the east side of Brown 15 Street, you’re talking about four of the ten 16 units are -- four of the ten structures that are 17 on the east side of -- of Brown Street. 18 Correct? 19 MS. BOGART: And you’re including our 20 subject property as one of the ten? 21 MR. PRICE: One of the ten. 22 MS. BOGART: I’m just trying to identify, 23 because you’ve set your own parameters and -- 24 MR. PRICE: It is currently -- 25 MS. BOGART: -- it’s not --  61 1 MR. PRICE: -- a three -- three unit 2 property. We know that. Okay. 3 MS. BOGART: I understand that, but I think 4 the most appropriate thing to do is pull the 5 subject site out of it. 6 And I did my analysis based upon what I 7 thought was appropriate to review from a planning 8 perspective. And those conclusions were 9 testified to. 10 MR. PRICE: Fine. All I’m saying is, four 11 out of ten are more than three units. 12 MS. BOGART: Excluding the one on the west 13 side. That's correct. 14 MR. PRICE: Okay. That’s -- okay. I have 15 -- okay. 16 There’s a lot of talk here about 17 preexisting, whatever. The existence of another 18 -- of a fourth unit here, other than the use 19 variance, will create also some additional, by 20 it’s very -- whatever -- a parking variance. 21 Correct? 22 MS. BOGART: Which I testified to. 23 MR. PRICE: Okay. Why do you say that a 24 parking variance is a -- is like a use variance? 25 MS. BOGART: I did not say that.  62 1 MR. PRICE: Okay. Okay. I’ll -- I’ll go 2 to the transcript. Thank you. 3 Okay. The existence of a new unit prompts 4 the need for a parking variance. 5 Correct? 6 MS. BOGART: That's correct. 7 MR. PRICE: Okay. It prompts the need for 8 a use variance. 9 Correct? 10 MS. BOGART: Yes. 11 MR. PRICE: Okay. I’ll -- I’ll stop. 12 Thank you. 13 MS. BOGART: Thank you. 14 CHAIRMAN GARCIA: Okay. Any other member 15 of the public wants to step forward? 16 Okay. Closed to the public. 17 Any other question? 18 No more question. 19 One of the -- one of reason that we usually 20 need to clarification regarding the preexisting 21 condition, that we are talking about the -- how 22 old is the building, is -- is because we -- we 23 have the situation that -- we have a lot of 24 situation that in R zone, we have four units 25 structure with three legal unit and one basement  63 1 that was not legalized. However, the applicant 2 could prove the preexisting situation. 3 And now, like one of the member of the 4 public mentioned about the -- when the new 5 Ordinance, and also, the prior Ordinance in 1973, 6 remember, ’74, now we have the -- in the R zone 7 is only permitted the three units. 8 And we -- I know that we’re having a lot of 9 issues, a lot of -- a lot of -- a lot of cases in 10 the Superior Court regarding –- for also for 11 granting the preexisting situation. 12 And just for you guys, one of the reason, 13 most of the time, when I make my motion to grant 14 is because I feel like the applicant present 15 enough evidence that this is a preexisting 16 condition, that in reality, it’s there, and going 17 to be more detriment than improvement, if we 18 order to don’t have that unit there. 19 However, in this particular case, it’s my 20 own opinion, you have your own opinion, I don't 21 see enough evidence here to show me that to grant 22 the four unit in R zone, when it’s three units. 23 I’m going to make my motion to deny the 24 application, because I don't see any -- any -- I 25 mean, a lot of missing information to prove that,  64 1 in reality, it’s a preexisting condition. 2 It is no -- it is no -- I mean, for me, the 3 evidence presented here is we’re going to have a 4 new apartment in the basement. 5 So, I make my motion to deny this 6 application, with the stated situation. 7 THE SECRETARY: Motion to deny the 8 application by Chairman Andres Garcia. 9 Second? 10 Any second? 11 CHAIRMAN GARCIA: I have no second? 12 MR. HEITMANN: If I may, Mr. Chairman? 13 MS. GUTIERREZ: Second. 14 THE SECRETARY: Second by Margarita 15 Gutierrez. 16 MR. ISA: Mr. Chairman, I think he wants -- 17 THE SECRETARY: Any other motion? 18 Seeing no other motion -- 19 MR. ISA: Hold on. Hold on. 20 CHAIRMAN GARCIA: I’m going to give you the 21 courtesy. However, we don’t -- when we vote, we 22 vote and that’s it. 23 But if you have any –- 24 Go ahead. 25 MR. HEITMANN: I apologize.  65 1 MS. DILLON: Please come forward. 2 MR. HEITMANN: I apologize for that, but I 3 would -- I would just like to ask that if -- if 4 you’d like to adjourn the meeting, so we can come 5 back and give you some more information about the 6 preexisting condition, I can -- I can certainly 7 do that. And I believe that that was -- 8 CHAIRMAN GARCIA: Okay. Let me tell you 9 something. I mean, everybody, as a professional, 10 deserve respect. Okay? 11 And I’m going to tell you, and I -- and it 12 probably going to sound to be rude, what I going 13 to say. 14 However, when you bring -- when you bring 15 an architect here, and we ask the height of the 16 building, of the -- of the ceiling, and doesn’t 17 have the -- that information, come on. We have 18 time. 19 I mean, we are here to serve the community. 20 Your architect get paid to come here without any 21 information. We’re not -- we’re not kids. 22 MR. HEITMANN: I understand that. 23 CHAIRMAN GARCIA: Okay? 24 MR. HEITMANN: I apologize. 25 CHAIRMAN GARCIA: So, I think that we  66 1 deserve more respect. 2 MR. HEITMANN: Absolutely. 3 CHAIRMAN GARCIA: Yes. I’m going to give 4 you the courtesy to adjourn this application for 5 next meeting. And I hope that you bring -- that 6 you come more prepared for the next meeting. 7 MR. HEITMANN: I certainly will. Thank you 8 for that. 9 CHAIRMAN GARCIA: Okay. I make my motion 10 to adjourn this application. 11 MR. HEITMANN: Thank you. 12 MS. GUTIERREZ: And I’m seconding. 13 THE SECRETARY: Motion to adjourn the 14 application by Chairman Andres Garcia. 15 Second by Margarita Gutierrez. 16 Roll call to adjourn the meeting -- for the 17 next meeting, June 11, 2015. 18 CHAIRMAN GARCIA: Yes. 19 THE SECRETARY: No further notice required. 20 Andres Garcia? 21 CHAIRMAN GARCIA: Yes. 22 THE SECRETARY: Victor Grullon? 23 MR. GRULLON: Yes to adjourn. 24 THE SECRETARY: Margarita Gutierrez? 25 MS. GUTIERREZ: Yes.  67 1 THE SECRETARY: Miguel Ortiz? 2 MR. ORTIZ: Abstain. 3 THE SECRETARY: Harlenny Javier? 4 MS. JAVIER: Yes. 5 THE SECRETARY: Khaled Dardir? 6 MR. DARDIR: Yes. 7 THE SECRETARY: Joseph Bonacci? 8 MR. BONACCI: Yes. 9 THE SECRETARY: Motion carries. Six in 10 favor, one abstain. 11 Next meeting June 11, 2015. No further 12 notice required. 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25  68 1 Alberto & Ignazio Laguna, 201 New York Avenue: 2 3 CHAIRMAN GARCIA: Two minute break. 4 MR. ISA: We’re done. 5 CHAIRMAN GARCIA: No, we have another one. 6 MR. ISA: Is the other -- is the other 7 applicant here? 8 MS. GUTIERREZ: Yeah. Number one. 9 MR. ISA: Can you call them to see if 10 they’re here? 11 CHAIRMAN GARCIA: Number one. Oh, they’re 12 not here. 13 THE SECRETARY: Next application on 14 tonight’s agenda is Alberto, Ignazio Laguna, 201 15 New York Avenue. 16 MR. ISA: Is -- is Alberto, Ignazio Laguna 17 here? 18 MR. HEITMANN: Thank you. 19 CHAIRMAN GARCIA: Thank you. 20 MS. GUTIERREZ: You’re welcome. 21 CHAIRMAN GARCIA: Thank you very much. 22 MR. BONACCI: I don't see them here. 23 THE SECRETARY: The applicants or 24 representative is not here, Mr. Chairman. 25 CHAIRMAN GARCIA: Let’s -- let’s give the  69 1 courtesy to adjourn this application for next 2 meeting, because we don’t know the reason they’re 3 not here. 4 THE SECRETARY: Motion to adjourn this 5 application -- 6 MR. ISA: But with -- with notices? 7 THE SECRETARY: -- by Chairman Andres 8 Garcia. 9 CHAIRMAN GARCIA: Huh? 10 MS. GUTIERREZ: Second. 11 THE SECRETARY: Second by -- 12 CHAIRMAN GARCIA: One -- one second. One 13 second. One second. One second. 14 MS. GUTIERREZ: Wait. What happened? 15 MR. ISA: I mean, typically -- they didn’t 16 request a note -- an adjournment. They send a 17 representative. 18 I mean, we can adjourn it. 19 CHAIRMAN GARCIA: Yeah. But my -- my 20 concern is that I know this application been here 21 many times, and they wait all the way to the end. 22 MR. ISA: Is that that gentleman -- 23 CHAIRMAN GARCIA: Yes, old man. And he -- 24 and he -- 25 MR. ISA: Yes.  70 1 CHAIRMAN GARCIA: -- deserve the courtesy 2 to adjourn it just because I don't know about the 3 notice. I mean, legally, I hope that you -- 4 MR. ISA: No, -- 5 CHAIRMAN GARCIA: -- handle it. 6 MR. ISA: I think -- 7 CHAIRMAN GARCIA: But remember, all the 8 member of the public, that application is third 9 time they came here -- 10 MR. ISA: Yes. 11 CHAIRMAN GARCIA: -- always the last one. 12 MR. ISA: Yup. 13 CHAIRMAN GARCIA: And they probably saw 14 that they going to be here late, and they’re -- 15 it’s only 7:05. 16 MR. ISA: No, no. You’re -- you’re -- I 17 didn’t -- 18 CHAIRMAN GARCIA: You know what I mean? 19 MR. ISA: You’re right about who it was. 20 CHAIRMAN GARCIA: So, I don't want to -- 21 MR. ISA: No, we -- 22 CHAIRMAN GARCIA: I want -- 23 MR. ISA: We can -- 24 CHAIRMAN GARCIA: -- I don't want to be 25 unfair.  71 1 MR. ISA: We can adjourn it with -- you 2 know, it’s the Board’s discretion how we adjourn 3 it. 4 CHAIRMAN GARCIA: No. 5 MR. ISA: So you know, if you would like to 6 -- to adjourn it to the next meeting and that -- 7 MS. GUTIERREZ: Yeah. We can do that. 8 MR. ISA: -- that’s fine. 9 MS. GUTIERREZ: Yeah. 10 MR. ISA: With no new notices. 11 CHAIRMAN GARCIA: I don't think they need 12 -- need new -- 13 MR. ISA: No. 14 CHAIRMAN GARCIA: -- notices, because 15 already is in the agenda. 16 MR. ISA: No. It’s -- 17 CHAIRMAN GARCIA: Was in the agenda. 18 MR. ISA: No, you’re -- 19 CHAIRMAN GARCIA: And we -- we already 20 adjourn it last time. And I think -- 21 MR. ISA: Mr. Chairman, you’re right. I -- 22 typically, when the person doesn’t show up we -- 23 you know, we -- 24 CHAIRMAN GARCIA: Right. 25 MR. ISA: -- the person doesn’t show up.  72 1 But I understand that in this particular 2 case, there are extenuating circumstances. I 3 agree. 4 And it is the Board’s discretion to adjourn 5 the matter -- 6 CHAIRMAN GARCIA: Yes. 7 MR. ISA: -- however we want to adjourn it. 8 CHAIRMAN GARCIA: Yes. 9 MR. ISA: So -- 10 CHAIRMAN GARCIA: So I -- 11 MS. GUTIERREZ: Yes. Yes. 12 CHAIRMAN GARCIA: If any member of the 13 public oppose it, but then I -- I’m going to make 14 my motion to adjourn -- 15 Yeah, Mr. Price? You have a comment, for 16 the record? You can put on the record. 17 MS. DILLON: Come forward. 18 CHAIRMAN GARCIA: Come, Mr. -- Mr. Price. 19 MR. PRICE: This is -- Larry Price, 1006 20 Palisade. 21 This -- if -- if I -- actually, if I were 22 you -- it doesn’t bother me that much, but if I 23 were in your position, I’d be -- these guys show 24 up. They haven’t got an attorney. They haven’t 25 got a -- they’re asking for a D variance. They  73 1 don’t show up with a planner. 2 Then they -- you know, then they show up 3 last time, but don’t make a presentation. 4 Now -- now, they -- this time, they don’t 5 even show up. 6 I mean, they’re -- 7 MR. ISA: No, I -- 8 CHAIRMAN GARCIA: Yeah. But the thing is, 9 Mr. Price -- 10 MR. PRICE: They’re not taking the Board -- 11 CHAIRMAN GARCIA: We are -- 12 MR. PRICE: -- seriously. 13 CHAIRMAN GARCIA: We are -- we are -- 14 fortunately, I will try to do -- we -- we’re 15 going to try to be on time now. But remember, 16 now we -- last -- 17 MR. PRICE: Is that a promise? 18 CHAIRMAN GARCIA: Five meetings -- last 19 five, six meetings, we been starting the meeting 20 at quarter to seven. Whatever. I mean -- 21 MR. PRICE: Well -- 22 CHAIRMAN GARCIA: -- I just want to be 23 fair. That’s the only thing. 24 MR. PRICE: Your -- your -- your 25 discretion, but --  74 1 CHAIRMAN GARCIA: Yes. 2 MR. PRICE: -- but I tell you, if I were 3 sitting where you’re sitting -- 4 CHAIRMAN GARCIA: Yeah, I know. 5 MR. ISA: It’s within the Board’s 6 discretion. 7 CHAIRMAN GARCIA: Yeah. So I -- if no 8 oppose, I’m going to make my motion to adjourn 9 this application to -- without notice for next 10 meeting. 11 THE SECRETARY: Motion to adjourn this 12 application by Chairman Andres Garcia. 13 MR. BONACCI: Second. 14 THE SECRETARY: Second by Mr. Joseph 15 Bonacci. 16 Roll call to adjourn this application. 17 Andres Garcia? 18 CHAIRMAN GARCIA: Yes. 19 THE SECRETARY: Victor Grullon? 20 MR. GRULLON: Yes. 21 THE SECRETARY: Margarita Gutierrez? 22 MS. GUTIERREZ: Yes. 23 THE SECRETARY: Miguel Ortiz? 24 MR. ORTIZ: Yes. 25 THE SECRETARY: Yes.  75 1 Harlenny Javier? 2 MS. JAVIER: Yes. 3 THE SECRETARY: Khaled Dardir? 4 MR. DARDIR: Yes. 5 THE SECRETARY: Joseph Bonacci? 6 MR. BONACCI: Yes. 7 THE SECRETARY: Motion carries. Seven in 8 favor. 9 MS. DILLON: Date and notice. 10 THE SECRETARY: No further notice required. 11 The next meeting -- 12 MR. ISA: June. 13 THE SECRETARY: -- for June 11, 2015. 14 MR. ISA: No new notices. 15 THE SECRETARY: Same place, same time. 16 MR. ISA: No new notices. 17 * * * 18 19 20 21 22 23 24 25  76 1 ADJOURNMENT: 2 3 THE SECRETARY: There -- there being no 4 other application tonight’s agenda, Mr. Chairman, 5 can I have a motion to close tonight’s meeting? 6 MS. GUTIERREZ: I make a motion. 7 THE SECRETARY: Motion by Margarita 8 Gutierrez. 9 MR. BONACCI: For the record. 10 THE SECRETARY: Second by? 11 MR. BONACCI: Second. 12 MR. ISA: Bonacci. Bonacci. 13 THE SECRETARY: By Miguel Ortiz. 14 Roll call. 15 Andres Garcia, to adjourn the application. 16 CHAIRMAN GARCIA: Yes. 17 THE SECRETARY: I’m sorry. The meeting. 18 CHAIRMAN GARCIA: Yes. 19 THE SECRETARY: Yes. 20 Victor Grullon? 21 MR. GRULLON: Yes. 22 THE SECRETARY: Margarita Gutierrez? 23 MS. GUTIERREZ: Yes. 24 THE SECRETARY: Miguel Ortiz? 25 MR. ORTIZ: Yes.  77 1 THE SECRETARY: Harlenny Javier? 2 MS. JAVIER: Yes. 3 THE SECRETARY: Mr. Dardir? 4 MR. DARDIR: Yes. 5 THE SECRETARY: Joseph Bonacci? 6 MR. BONACCI: Yes. 7 THE SECRETARY: Motion carries. Seven in 8 favor. 9 Let the record show that the meeting has 10 ended. 11 Thank you everyone and have a beautiful 12 night. 13 14 (Whereupon, the proceedings were concluded 15 at 7:08 p.m.) 16 17 18 19 20 21 22 23 24 25  78 1 STATE OF NEW JERSEY : 2 : 3 COUNTY OF ESSEX : 4 5 I, DEBRA A. KASZNIAK, assigned transcriber, 6 do hereby affirm that the foregoing is a true and 7 accurate transcript in the matter of the REGULAR 8 MEETING of the UNION CITY ZONING BOARD OF 9 ADJUSTMENT held on Thursday, May 14, 2015 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