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, February 14, 2019 Commencing at 6:26 p.m. M E M B E R S P R E S E N T: MARGARITA GUTIERREZ MIGUEL ORTIZ, (Arrived at 6:54 p.m.) DAVID W. PRESSEY VICTOR M. GRULLON, Vice Chairman JOSEPH D. BONACCI, Chairman M E M B E R S A B S E N T: LIBERO MAROTTA JOHN MEDINA A L S O P R E S E N T: CARLOS VALLEJO, Secretary to the Board TOMAS R. PANEQUE, ESQ., Board Attorney DAVID SPATZ, Consultant Community Housing and Planning Associates  2 A P P E A R A N C E S: BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, Hung Fat, Inc. BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, 1117 Summer Ave., LLC ADOLFO L. LOPEZ, ESQ., Attorney for Applicant, Mapal Zahan, LLC ADOLFO L. LOPEZ, ESQ., Attorney for Applicant, Mardamer Builders, 546-548 35th Street ADOLFO L. LOPEZ, ESQ., Attorney for Applicant, Mardamer Builders, 547 36th Street ADOLFO L. LOPEZ, ESQ., Attorney for Applicant, Mardamer Builders, 545 41st Street  3 I N D E X PAGE CALL TO ORDER 7 SALUTE TO FLAG 7 ROLL CALL 8 APPROVAL OF PREVIOUS MEETING MINUTES 9 RESOLUTIONS 10/12/14 HEARINGS Hung Fat Inc. 16 1117 Summer Ave., LLC 30 Mapal Zahan, LLC 32 Mardamer Builders, 546-548 35th Street 69 Mardamer Builders, 547 36th Street 77 Mardamer Builders, 545 41st Street 34 ADJOURNMENT 83  4 I N D E X Hung Fat, Inc., 1214 Summit Ave. WITNESS PAGE Manuel Pereiras 21  5 I N D E X Mardamer Builders - 545 41st Street WITNESS PAGE Jose Carballo 39  6 I N D E X Mardamer Builders - 546-548 35th Street WITNESS PAGE Jose Carballo 71 PUBLIC John Monsalve 72  7 1 THE SECRETARY: May I have your attention, 2 please? 3 (Whereupon, there was a pause in the 4 proceedings.) 5 THE SECRETARY: Mr. Chairman? 6 CHAIRMAN BONACCI: Yup. 7 THE SECRETARY: Please take notice that on 8 Thursday, February 14, 2019, at six p.m., a 9 Regular Meeting is scheduled for the Union City 10 Zoning Board of Adjustment, to be held in the 11 Municipal Chambers, located on the Second Floor, 12 3715 Palisade Avenue, Union City, New Jersey. 13 Adequate notice of this meeting has been 14 provided as 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 City Hall, 20 and has been made available to the public in the 21 Office of Municipal Clerk. 22 Can everybody kindly rise to salute the 23 flag, please? 24 25 (Whereupon, the Pledge of Allegiance was  8 1 said by all.) 2 3 THE SECRETARY: Thank you. 4 5 ROLL CALL: 6 7 THE SECRETARY: Roll call for tonight’s 8 meeting. 9 Joseph Bonacci? 10 CHAIRMAN BONACCI: Here. 11 THE SECRETARY: Victor Grullon? 12 VICE CHAIRMAN GRULLON: Here. 13 THE SECRETARY: Libero Marotta? 14 Absent. 15 Margarita Gutierrez? 16 MS. GUTIERREZ: Here. 17 THE SECRETARY: Miguel Ortiz is absent. 18 David Pressey? 19 MR. PRESSEY: Here. 20 THE SECRETARY: John Medina? 21 Absent. 22 Let the record indicate there are four 23 present. And so, we -- we don’t have -- we don’t 24 have a full quorum. 25 * * *  9 1 APPROVAL OF PREVIOUS MEETING MINUTES: 2 3 ( 1) Regular Meeting held on January 10, 2019 4 5 THE SECRETARY: Okay. 6 Approval of Previous Meeting Minutes from 7 January 10, 2019. 8 Can I have a motion? 9 VICE CHAIRMAN GRULLON: Motion. 10 THE SECRETARY: Motion by Mr. Grullon. 11 MS. GUTIERREZ: Second. 12 THE SECRETARY: Second by Ms. Gutierrez. 13 Roll call on the motion. 14 Mr. Bonacci? 15 CHAIRMAN BONACCI: Yes. 16 THE SECRETARY: Ms. Gutierrez? 17 MS. GUTIERREZ: Yes. 18 THE SECRETARY: Mr. Grullon? 19 VICE CHAIRMAN GRULLON: Yes. 20 THE SECRETARY: Mr. Pressey? 21 MR. PRESSEY: Yes. 22 THE SECRETARY: Five in favor. 23 Motion carries. 24 * * * 25  10 1 RESOLUTIONS: 2 3 ( 1) Andrew Sapora, 411 42nd Street, Block 240, 4 Lot 24.01. Convert an existing warehouse to a 5 single family home. Approved. 6 7 THE SECRETARY: We are going to 8 Resolutions. 9 We have six Resolution on tonight’s agenda. 10 Resolution number 1. 11 Andrew Sapora, 411 42nd Street. 12 Can I have a motion to adopt this 13 Resolution? 14 CHAIRMAN BONACCI: I’ll make a -- 15 MS. GUTIERREZ: I’ll make a mo -- 16 CHAIRMAN BONACCI: Sorry. 17 MS. GUTIERREZ: I’m second. 18 THE SECRETARY: Motion by Ms. Gutierrez. 19 CHAIRMAN BONACCI: I’ll second, Carlos. 20 THE SECRETARY: Second by Mr. Bonacci. 21 Roll call on the motion. 22 Mr. Bonacci? 23 CHAIRMAN BONACCI: Yes. 24 THE SECRETARY: Ms. Gutierrez? 25 MS. GUTIERREZ: Yes.  11 1 THE SECRETARY: Mr. Grullon? 2 VICE CHAIRMAN GRULLON: Yes. 3 THE SECRETARY: Mr. Pressey? 4 MR. PRESSEY: Yes. 5 THE SECRETARY: Four -- four in favor. 6 Motion carries. 7 * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  12 1 RESOLUTIONS: 2 3 ( 2) 1208-1214 NYA Corp., 1208-1214 New York 4 Avenue. 5 Second story, change of use. Warehouse to 6 residential, three units. Approved. 7 8 THE SECRETARY: Adoption -- adoption of 9 Resolution number 2. 10 1208-1214 NYA Corporation, 1208-1214 New 11 York Avenue. 12 Can I have a motion? 13 CHAIRMAN BONACCI: Motion. 14 THE SECRETARY: Motion by Mr. Bonacci. 15 VICE CHAIRMAN GRULLON: Second. 16 THE SECRETARY: Second by Mr. Grullon. 17 Roll call on the motion. 18 Mr. Bonacci? 19 CHAIRMAN BONACCI: Yes. 20 THE SECRETARY: Ms. Gutierrez? 21 MS. GUTIERREZ: Yes. 22 THE SECRETARY: Mr. Grullon? 23 VICE CHAIRMAN GRULLON: Yes. 24 THE SECRETARY: Mr. Pressey? 25 MR. PRESSEY: Yes.  13 1 THE SECRETARY: Four in favor. 2 Motion carries. 3 * * * 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  14 1 RESOLUTIONS: 2 3 ( 3) Ministerio Rio de Amor, Inc., 529-533 3rd 4 Street, Block 9, Lots 21, 22. Church, House of 5 Worship. Approved. 6 ( 4) Ankur Patel, 205 New York Avenue, Block 8, 7 Lot 3. Applicant proposes a new single family 8 dwelling in a vacant lot. Approved. 9 ( 5) Nabila Tadros, 1207 Summit Ave., Block 57, 10 Lot 8. Applicant proposes the legalization of 11 two apartments. Approved. 12 ( 6) Jose Avalos, 2412 Central Ave., Block 136, 13 Lot 6. Applicant proposes the reconfiguration of 14 an existing restaurant and residential building 15 legalizing one residential unit. Going from one 16 commercial, one residential, two residential. 17 Approved. 18 19 THE SECRETARY: We are going to Resolution 20 3, 4, 5 and 6. 21 Resolution number 3. 22 Ministerio Rio de Amor, Inc., 529-533 3rd 23 Street. 24 Resolution number 4. 25 Ankur Patel, 205 New York Avenue.  15 1 Resolution number 5. 2 Nabila Tadros, 1207 Summit Avenue. 3 Resolution number 6. 4 Jose Avalos, 2412 Central Avenue. 5 Can I have a motion to adopt these 6 Resolution? 7 VICE CHAIRMAN GRULLON: Motion. 8 THE SECRETARY: Motion by Mr. Grullon. 9 Second by Mr. Pressey. 10 Roll call on the motion. 11 Mr. Bonacci? 12 CHAIRMAN BONACCI: I have to abstain from 13 those, because I was here in January, but I 14 missed those. 15 THE SECRETARY: Ms. Gutierrez? 16 MS. GUTIERREZ: Yes. 17 THE SECRETARY: Mr. Grullon? 18 VICE CHAIRMAN GRULLON: Yes. 19 THE SECRETARY: Mr. Pressey? 20 MR. PRESSEY: Yes. 21 THE SECRETARY: Three in favor, one 22 abstained. 23 Motion carries. 24 * * * 25  16 1 Hung Fat Inc. - 1214 Summit Avenue: 2 3 THE SECRETARY: We are going to hearings. 4 First application on tonight’s agenda, Hung 5 Fat, Inc., 1214 Summit Avenue. 6 This application has been adjourned on 7 October 11, 2018, November 29, 2018 and January 8 10, 2019. Revised plans was received on February 9 1st, 2019. 10 Ms. Pereiras, please? 11 MS. PEREIRAS: Good evening, members of the 12 Board. 13 We did modify our application, so we did 14 renotice and republished for purposes of today’s 15 meeting. 16 MR. PANEQUE: Thank you, Ms. Pereiras. 17 For the record, I’ve been provided by Ms. 18 Pereiras with the following documentation: 19 I have been provided with a certification 20 as to publication and service, indicating that 21 notice of tonight’s hearing for February 14, 22 2019, with respect to the property located at 23 1116 (sic) Summit Avenue was published in the 24 local paper, as well as having been sent to all 25 property owners within the 200 foot radius of the  17 1 property in question. 2 I’ve also been provided with a copy of the 3 Affidavit – 4 Strike that. 5 I’ve been provided with the original 6 Affidavit of Publication from The Jersey Journal, 7 indicating that notice of tonight’s hearing was 8 published on February 2nd, 2019. Said notice 9 indicates that with respect to the property in 10 question, which is 1214 Summit Avenue, notice was 11 given for tonight’s hearing of their request for 12 the necessary variances. 13 I’ve also been provided with copies of the 14 certified mail receipts, with a postmark date of 15 February 4th, 2019. 16 I’ve also been provided with a certified 17 list from the Tax Assessor’s Office, with a date 18 of February 1st, consisting of three pages of all 19 property within the 200 foot radius of 1212-1216 20 Summit Avenue. 21 Also, I’ve been provided with the green 22 cards and envelopes that have come back to date. 23 Based on the documentation that’s been 24 provided, this Board does have jurisdiction to 25 proceed and hear this matter.  18 1 Ms. Pereiras, as you’ve probably heard, we 2 are missing one member to establish a quorum. As 3 such, this Board cannot proceed to hear this 4 application at this time. 5 I would request that there be a motion to 6 carry the matter to the next available meeting. 7 There’d be no further need to republish or resend 8 out notices. 9 MS. PEREIRAS: Thank you. 10 THE SECRETARY: Next meeting would be March 11 14, 2019. 12 CHAIRMAN BONACCI: All right. 13 So, we don’t have a choice. 14 Right? 15 MR. PANEQUE: Our choice is to continue 16 waiting. 17 Mr. Vallejo, do we have any kind of 18 response from any of the other two members that 19 are missing in action? 20 THE SECRETARY: Let me try one more time. 21 (Whereupon, there was a pause in the 22 proceedings.) 23 CHAIRMAN BONACCI: Maybe we could just 24 establish jurisdiction at least. 25 MR. PANEQUE: We did.  19 1 CHAIRMAN BONACCI: No, no. For the other 2 ones, to keep going. 3 MR. PANEQUE: Okay. 4 CHAIRMAN BONACCI: You know? At least we 5 could get that out of the way. 6 (Whereupon, there was a pause in the 7 proceedings.) 8 THE SECRETARY: Yeah, Mr. Ortiz will be 9 here probably in about 15, 20 minutes. 10 MR. PANEQUE: Okay. 11 It’s up to the Board, but my recommendation 12 would be to give the time for Mr. Ortiz to get 13 here so that we can clear up this calendar that 14 we have tonight, because otherwise, we’re going 15 to run into a real logjam in March. 16 MS. GUTIERREZ: Exactly. Um hum. 17 MR. PANEQUE: So, Ms. Pereiras -- 18 MS. PEREIRAS: Our professionals are here. 19 We’re ready to proceed. 20 MR. PANEQUE: Okay. 21 MS. PEREIRAS: So -- 22 MS. GUTIERREZ: Okay. 23 MR. PANEQUE: Let’s give it another 20 24 minutes. 25 MS. PEREIRAS: Okay.  20 1 MR. PANEQUE: And then we’ll proceed. 2 Okay? 3 MS. PEREIRAS: Great. 4 MR. PANEQUE: So, I guess, we’ll adjourn 5 off the record, 20 minutes, and hopefully Mr. 6 Ortiz will get here. 7 THE SECRETARY: Thank you. 8 MS. PEREIRAS: Thank you. 9 10 (Whereupon, the Board recessed from 6:36 11 p.m. to 6:54 p.m.) 12 13 (Whereupon, Miguel Ortiz arrived at 6:54 14 p.m.) 15 16 THE SECRETARY: May I have your attention, 17 please? 18 For the record, Mr. Ortiz arrived; joined 19 the meeting. Now we have a full quorum of five 20 members. 21 Mr. Paneque, please? 22 MR. PANEQUE: For the record, Mr. Ortiz, 23 welcome. 24 Ms. Pereiras, ready? 25 (Whereupon, there was a pause in the  21 1 proceedings.) 2 MS. PEREIRAS: Good evening, everyone. 3 Bianca Pereiras on behalf of the applicant, 4 Hung Fat, Inc., for property located at 1214 5 Summit Avenue, also known as Block 58, Lots 26, 6 27 and 28. 7 We’ve been in front of this Board on this 8 project a few times, and I think we finally got 9 it right. We heard the comments from this Board. 10 We nixed the whole idea for the basketball court 11 or the rec center, and what we’re looking to do 12 is apartments, residential units. 13 So, we have one expert to testify before 14 the Board this evening, and that is our 15 architect, Mr. Manuel Pereiras. 16 MS. DILLON: Please raise your right hand. 17 Do you affirm the testimony you’re about to 18 give this Board is the whole truth? 19 MR. PEREIRAS: I do. 20 Manny Pereiras, P-E-R-E-I-R-A-S, with 21 Pereiras Architects Ubiquitous, 1116 Summit 22 Avenue, Union City. 23 MS. DILLON: Thank you. 24 MS. PEREIRAS: And for purposes of the 25 record, Mr. Pereiras has testified before this  22 1 Board in the past as an expert in the field of 2 architecture. 3 CHAIRMAN BONACCI: Sure. We accept all 4 your qualifications. 5 MR. PEREIRAS: Thank you. 6 MS. PEREIRAS: Mr. Pereiras, are you 7 familiar with 1214 Summit Avenue? 8 MR. PEREIRAS: I am. 9 MS. PEREIRAS: And did you prepare the 10 drawings that are before the Board this evening? 11 MR. PEREIRAS: I have. 12 MS. PEREIRAS: And would you kindly 13 describe the project? 14 MR. PEREIRAS: I’d be very happy to. 15 As counsel said, I hope we have it right 16 this time. We listened to everything you said. 17 If you remember correctly, this is an 89.98 18 foot width of a lot. We have 101 feet on one 19 end, 99 feet on the other. 20 And right now, it’s occupied by a movie 21 theater, basically, that occupies the whole lot, 22 a hundred percent coverage. It has a few stores 23 in the front, it has approvals for five units on 24 the second floor. It’s basically empty. 25 What are we going to do with the big movie  23 1 theater? We were looking for different ideas. 2 The Board wasn’t happy with some of those ideas. 3 We heard you. 4 What we’re proposing to do now is basically 5 demolish the entire rear of this building. What 6 we’re doing is, number one, we’re creating a rear 7 yard. We’re creating landscaping, we’re creating 8 grass area, we’re creating some pavers and 9 outdoor space, so we’re just chopping that away 10 from the building, almost 36 feet in total of 11 rear yard and instead of having all these other 12 commercial uses, what we’re doing is we’re 13 basically keeping the commercial use that was 14 along the front of the building, which is 15 basically these three stores. These two are 16 existing right now. This is an empty space at 17 the moment. And what we’re doing is we’re 18 converting all the rest into residential. We’re 19 basically reconstructing the rear portion of this 20 and building that into a three story area. And 21 then, the -- this portion that’s existing in the 22 front, we’re going to completely renovate that 23 and -- and rebuild that, so that what we’ll have 24 in the end is 12 residential units, with a 25 mixture on the ground floor.  24 1 You have a one bedroom, a two bedroom and a 2 one bedroom. 3 The same thing on the second floor, on both 4 sides. 5 And then, on the third floor, we did it 6 along the back only, so that the front of the 7 building isn’t even effected and it doesn’t look 8 like it’s even growing in any way. It’s the 9 existing façade. And then, what you have, 30 10 feet back, is the -- the second floor addition. 11 So, all we’re doing is basically very -- 12 this application changed a lot. It’s a very 13 modest application, with these 12 residential 14 units, the existing commercial. 15 And I think I could go on, but we’ve been 16 through this process a lot. I think that I’d 17 like to open up for the Board for questions right 18 now. 19 CHAIRMAN BONACCI: Okay. 20 So, you guys are not going to do the 21 basketball court, it’s just going to remain 22 commercial. 23 MR. PEREIRAS: Um hum. 24 CHAIRMAN BONACCI: Which is more consistent 25 with what’s in the --  25 1 MR. PEREIRAS: Um hum. 2 CHAIRMAN BONACCI: -- neighborhood now. 3 The only other aspect here, for -- you 4 know, discussion, my purposes, would be the 5 parking requirement is 27. 6 Right? 7 MR. PEREIRAS: Actually, I’d like to ask 8 Mr. Spatz to confirm with that. 9 MR. SPATZ: It’s actually the -- the 10 parking requirement is five spaces for the 11 commercial. And then, the Zoning Ordinance on 12 Summit Avenue does not require parking for the 13 first six units. So, the second six would 14 require parking. So, 11 spaces are needed for 15 the residences, five for the commercial, so a 16 total of 16 spaces are required for parking. 17 CHAIRMAN BONACCI: Okay. So, 16 required, 18 zero provided. 19 MR. PEREIRAS: That’s right. 20 CHAIRMAN BONACCI: But if you bring the 21 bedroom count -- I’m sorry -- if you bring the 22 unit count down -- 23 MR. PEREIRAS: Um hum. 24 CHAIRMAN BONACCI: -- then your deficiency 25 is less.  26 1 MR. PEREIRAS: Okay. 2 CHAIRMAN BONACCI: So, if you guys would be 3 willing to take it down to nine, you’d be less on 4 the parking deficiency and I think that that 5 would be a good -- 6 MR. PEREIRAS: Okay. 7 CHAIRMAN BONACCI: -- meeting point. 8 MR. PEREIRAS: And we’ll be happy to do 9 that. 10 CHAIRMAN BONACCI: Okay. 11 MR. PEREIRAS: We’re simply removing the 12 third floor. 13 CHAIRMAN BONACCI: Members of the Board? 14 VICE CHAIRMAN GRULLON: I agree with that. 15 CHAIRMAN BONACCI: Members of the public? 16 Okay. 17 Closed to the public. 18 So, I’m going to make a motion to approve 19 the application with -- 20 MR. PANEQUE: Before we do that, has there 21 been any testimony with respect to the size of 22 the units? 23 MR. PEREIRAS: There has in the past. The 24 size of the units hasn’t changed. 25 Should I mention that, just to be clear?  27 1 MR. PANEQUE: Just -- yeah. Just so that 2 we have it on the record now. 3 MR. PEREIRAS: Sure. 4 MR. PANEQUE: Mr. Spatz, just as a point of 5 clarification. 6 MR. SPATZ: Um hum. 7 MR. PANEQUE: We do have to meet the 8 density variance here? 9 MR. SPATZ: Yes. 10 MR. PANEQUE: For the size of the units -- 11 MR. SPATZ: Our review were -- 12 MR. PANEQUE: -- because of -- 13 MR. SPATZ: -- that the units all met the 14 size requirements of the zoning. 15 MR. PANEQUE: Okay. 16 MR. PEREIRAS: We do and we’re compliant. 17 Just to be very clear, apartment 1A is 850 18 square feet; apartment 1B is 1,059 square feet; 19 apartment 1C is 799 square feet. And then, the 20 -- the rest of them are actually almost exactly 21 -- almost the same. 22 The smallest unit is along the front, which 23 is part of the existing units, which is apartment 24 2B, which is 585 square feet. And that’s the 25 smallest of them.  28 1 MR. PANEQUE: Okay. 2 Thank you. 3 CHAIRMAN BONACCI: Okay. 4 So, I just want to make a motion to approve 5 the application with the provision that the unit 6 count will be nine and not 12 units. 7 MR. PEREIRAS: Yes. 8 THE SECRETARY: I have a motion on the -- 9 on the table to approve this application. 10 Seconded by -- 11 MS. GUTIERREZ: Second. 12 THE SECRETARY: -- Ms. Gutierrez. 13 Roll call on the motion to approve this 14 application with the conditions. 15 Mr. Bonacci? 16 CHAIRMAN BONACCI: Yes. 17 THE SECRETARY: Ms. Gutierrez? 18 MS. GUTIERREZ: Yes, all the condition. 19 THE SECRETARY: Mr. Grullon? 20 VICE CHAIRMAN GRULLON: Yes. 21 THE SECRETARY: Mr. Pressey? 22 MR. PRESSEY: Yes. 23 THE SECRETARY: Mr. Ortiz? 24 MR. ORTIZ: Yes. 25 THE SECRETARY: Five in favor.  29 1 Motion carries. 2 MS. PEREIRAS: Thank you all very much. 3 MS. GUTIERREZ: You’re welcome. 4 MR. PEREIRAS: Good night, everyone. 5 THE SECRETARY: You need to provide revised 6 plans. 7 Right? 8 MR. PEREIRAS: Yes. 9 MS. PEREIRAS: That’s fine. We will 10 provide those. 11 THE SECRETARY: Right. 12 (Whereupon, there was a pause in the 13 proceedings.) 14 * * * 15 16 17 18 19 20 21 22 23 24 25  30 1 1117 Summer Ave., LLC - 1117-19 Summit Avenue: 2 3 THE SECRETARY: Next application on 4 tonight’s agenda, 1117 Summer Avenue, LLC, 5 1117-19 Summit Avenue. 6 Ms. Pereiras, please? 7 MS. PEREIRAS: Again, Bianca Pereiras, on 8 behalf of the applicant. 9 Unfortunately, on this application, the 10 architect, Mr. Valella, is not available this 11 evening. So, I ask, please, if this matter could 12 be adjourned so that we could present testimony 13 at the next meeting. 14 MR. PANEQUE: Ms. Pereiras, you waive the 15 statutory time requirements? 16 MS. PEREIRAS: Absolutely. 17 MR. PANEQUE: Okay. 18 Is there a motion to adjourn? 19 CHAIRMAN BONACCI: I make a motion to 20 adjourn the application to the next meeting. 21 THE SECRETARY: March -- 22 CHAIRMAN BONACCI: March 14. 23 THE SECRETARY: -- 14 would be the next 24 meeting. 25 Motion to adjourn this application by Mr.  31 1 Bonacci. 2 VICE CHAIRMAN GRULLON: Second. 3 THE SECRETARY: Second by Mr. Grullon. 4 Roll call on the motion. 5 Mr. Bonacci? 6 CHAIRMAN BONACCI: Yes. 7 THE SECRETARY: Ms. Gutierrez? 8 MS. GUTIERREZ: Yes. 9 THE SECRETARY: Mr. Grullon? 10 VICE CHAIRMAN GRULLON: Yes. 11 THE SECRETARY: Mr. Pressey? 12 MR. PRESSEY: Yes. 13 THE SECRETARY: Mr. Ortiz? 14 MR. ORTIZ: Yes. 15 THE SECRETARY: Five in favor. 16 Motion carries. 17 MS. PEREIRAS: Thank you all very much. 18 Have a good night. 19 MS. GUTIERREZ: Good night. 20 MS. PEREIRAS: See you next month. 21 (Whereupon, there was a pause in the 22 proceedings.) 23 * * * 24 25  32 1 Mapal Zahan, LLC - 514 14th Street: 2 3 THE SECRETARY: Next application on 4 tonight’s agenda, Mapal Zahan, LLC, 514 14 th 5 Street. 6 Mr. Diaz, please? 7 Oh, I’m sorry. 8 Mr. Lopez? 9 MR. LOPEZ: Good evening, members of the 10 Board. 11 Adolfo Lopez, appearing on behalf of the 12 applicant. 13 Unfortunately, I have a similar problem to 14 Ms. Pereiras. My experts could not make it this 15 evening. February 14th is not a very good day for 16 this type of hearing, apparently, so I would 17 respectfully request an adjournment to the next 18 hearing date. 19 MR. PANEQUE: Mr. Lopez, you waive the 20 statutory time requirements? 21 MR. LOPEZ: I do. I do. 22 MR. PANEQUE: Thank you. 23 All right. Is there an application or 24 motion to -- 25 CHAIRMAN BONACCI: I’ll make a motion to  33 1 adjourn this application until March 14 th. 2 MS. GUTIERREZ: And I’ll second it. 3 THE SECRETARY: Motion on the table to 4 adjourn this application for March 14 by Mr. 5 Bonacci. 6 Seconded by Ms. Gutierrez. 7 Roll call on the motion. 8 Mr. Bonacci? 9 CHAIRMAN BONACCI: Yes. 10 THE SECRETARY: Ms. Gutierrez? 11 MS. GUTIERREZ: Yes. 12 THE SECRETARY: Mr. Grullon? 13 VICE CHAIRMAN GRULLON: Yes. 14 THE SECRETARY: Mr. Pressey? 15 MR. PRESSEY: Yes. 16 THE SECRETARY: Mr. Ortiz? 17 MR. ORTIZ: Yes. 18 THE SECRETARY: Five in favor. 19 Motion carries. 20 Thank you. 21 (Whereupon, there was a pause in the 22 proceedings.) 23 * * * 24 25  34 1 Mardamer Builders - 545 41st Street: 2 3 MR. LOPEZ: Mr. Vallejo, if you could call 4 the last one first, if you don’t mind? 5 THE SECRETARY: Okay, Mr. Diaz? 6 Okay. 7 We are going to change a little bit the 8 order of tonight’s agenda by the request of Mr. 9 Lopez. 10 We are going to number 6. 11 Mardamer Builders, 545 35th (sic) Street. 12 Mr. Lopez, please? 13 MR. LOPEZ: Adolfo Lopez, members of the 14 Board, appearing on behalf of the applicant. 15 Mr. Paneque? 16 MR. PANEQUE: Thank you, sir. 17 Let the record reflect that I’ve been 18 provided by Mr. Lopez with the following 19 documentation: 20 I have an Affidavit of Service indicate 21 that -- indicates that notices were sent out to 22 all property owners within the 200 foot radius of 23 541 35th (sic) Street. 24 MR. LOPEZ: No. We’re doing -- 25 MR. PANEQUE: Oh.  35 1 MR. LOPEZ: -- the last one. 2 MR. PANEQUE: That is the last one. 3 MR. LOPEZ: 545 41st. 4 THE SECRETARY: 545 41st. That's correct. 5 MS. DILLON: The last one here. 6 MR. PANEQUE: Okay. 7 MR. LOPEZ: The last one on the agenda. 8 THE SECRETARY: The last one. 9 MR. SPATZ: It’s listed. 10 MR. PANEQUE: Except that it’s listed 11 wrong. 12 MR. SPATZ: It had the wrong address, so -- 13 MR. PANEQUE: Okay. 14 I’m reading it off our -- our diary and 15 it’s wrong in our diary, but let me go off the 16 documentation here. 17 I have an Affidavit of Service indicating 18 that notice of tonight’s hearing was sent to all 19 property owners within the 200 foot radius of the 20 property at 545 41st Street. 21 Said Affidavit is signed by Mr. Lopez, 22 notarized by an attorney in his office, Anna 23 Noris. 24 I also have the Affidavits from The Jersey 25 Journal, indicating that notice of tonight’s  36 1 hearing with respect to the property at 545 45 th 2 (sic) Street was given on the local paper, Jersey 3 Journal, on February 2nd, 2019. 4 Also have a copy of the notice that went 5 out to all property owners within the 200 foot 6 radius. 7 And I have the Tax Assessor’s list with a 8 date of January 29, 2019 consisting of four 9 pages. 10 I also have the official certified mail 11 receipts, with a date of February 1st, 2019, as 12 well as the green cards that have come back to 13 date. 14 Based on the documentation that’s been 15 provided by Mr. Lopez, this Board has 16 jurisdiction to proceed and hear this matter. 17 MR. LOPEZ: Mr. Chairman, members of the 18 Board, preliminarily, I would like to point out 19 several things that are common to all three 20 applications that we will be making this evening. 21 They’re very similar in nature, and as to each 22 application, we’ll certainly make a full 23 presentation. But there are general reasons that 24 I’d like to explain to the Board, current issues 25 with the City of Union City and the problems that  37 1 it presents to my client. 2 These applications will be presented for 3 the necessary variances, based upon my client’s 4 belief and his experts that this is the best 5 possible design for these projects. 6 The City is in a bit of a transition. The 7 Master Plan indicates one thing, and this is just 8 for the record, the Board is well aware of this, 9 the Zoning Ordinance, which is what guides, says 10 something totally different. We’re here because 11 we need variances from the Zoning Board. 12 This presents a problem for my client. It 13 puts him in a great disadvantage. My client can 14 certainly wait and possibly come in and not have 15 to apply for any type of variance, if the 16 proposed changes are adopted by the Board of 17 Commissioners any time soon. 18 He’s incurring these expenses much, much 19 higher, obviously, because he is contractually 20 bound to purchase these properties. He would 21 lose a great deal of money, so we have to come in 22 with this. 23 And we have another slight issue. 24 Technically, we could have gone before the 25 Planning Board. The height on these structures  38 1 are proposed at 43 feet six inches, which puts us 2 within the ten percent of the permitted height 3 currently in the zone, which is 40 feet. The 4 additional ten percent would allow us a four foot 5 leeway. 6 Unfortunately, based upon what our 7 architect will testify to, and in his 8 consultation with the builders, it’s -- he may 9 not be able to. These are new designs. They may 10 not be able to come in at the 43.6. They may 11 exceed the 44 feet. 12 If that were the case, we would come in, we 13 would build a house based upon a Planning Board 14 variance. And after it’s done, if we exceeded 15 the height, we would then need to come back to 16 this Board, at that point, and request a height 17 variance on a house that’s already built. 18 We’re trying to avoid all of that. And 19 this is applicable to all three of our 20 applications. 21 So, starting with this one, which is 41 st 22 Street, I’d like to call up my architect, Jose 23 Carballo. 24 And Mr. Chairman, Mr. Carballo has 25 testified many times before this Board and I’d  39 1 ask that you accept his qualifications. 2 CHAIRMAN BONACCI: Absolutely. 3 Mr. Carballo, we accept your 4 qualifications. 5 MR. CARBALLO: Thank you. 6 MS. DILLON: Please raise your right hand. 7 MR. CARBALLO: Thank you. 8 MS. DILLON: Do you affirm the testimony 9 you’re about to give this Board is the whole 10 truth? 11 MR. CARBALLO: Yes, it is. 12 MS. DILLON: Please state your name for the 13 record. 14 MR. CARBALLO: Sure. 15 Jose Carballo, C-A-R-B as in boy, A-L-L-O. 16 MS. DILLON: Thank you. 17 MR. CARBALLO: You’re welcome. 18 MR. LOPEZ: Mr. Carballo, are you familiar 19 with the application at 545 41 st Street, which is 20 currently before this Board? 21 MR. CARBALLO: Yes, I am. 22 MR. LOPEZ: And these plans were prepared 23 by you and your office in anticipation of 24 tonight’s meeting. 25 MR. CARBALLO: That is correct.  40 1 MR. LOPEZ: Can you -- you included in 2 these plans a general residential district and 3 zoning data outline view. Is it fair to say that 4 these -- this chart reflects what I represented 5 to the Board now regarding the transition of 6 zoning and Master Plan in Union City? 7 MR. CARBALLO: That is correct. 8 It does represent the current zoning, as 9 well as the current thinking of the City of Union 10 City. 11 MR. LOPEZ: And our application tonight is 12 for variances, based upon the current Zoning 13 Ordinance. 14 Is that correct? 15 MR. CARBALLO: That is correct. 16 MR. LOPEZ: Could you describe generally 17 what the project entails? 18 MR. CARBALLO: Yeah. Definitely. 19 What we have -- first of all, good evening 20 and Happy Valentine’s Day to all of you. 21 MS. GUTIERREZ: Thank you. 22 CHAIRMAN BONACCI: Valentine’s Day. 23 MS. GUTIERREZ: You, too. 24 MR. CARBALLO: Thank you. 25 What it is, is we have a 50 by a hundred  41 1 property at 545 41st Street. 2 The proposal that we have in front of you 3 tonight is to subdivide this property into two 25 4 by a hundred lots, all conforming within the 5 zone. 6 And what we’d like to do is to build a 7 three unit, four story building, for which we’re 8 asking for variances. 9 Again, we’re trying to follow the current 10 thinking of -- of the City, but because we’re 11 doing that, we -- we do need some variances. 12 It is a four story building, as counsel 13 explained. And the variances that we’re seeking, 14 even before I get into the -- into the building 15 itself, are basically the minimum rear yard, 16 which is 25 percent of the lot required, we have 17 a -- which, in this case, would be 25 feet. We 18 have a five foot proposed. 19 The number of stories, which is three 20 stories, 40 feet required, we actually have four 21 stories and we have 43 and a half feet. 22 The building coverage, which is required to 23 be at 60; we’re at 80. 24 And the maximum lot coverage, which 25 includes all the paved areas, which we’re  42 1 permitted to have 75 percent, we are at a hundred 2 percent. 3 If we go through the plans and we turn to 4 -- 5 MR. LOPEZ: On the last one, you are at 91 6 percent on lot coverage? 7 MR. CARBALLO: We are, basically -- yes, 91 8 percent. Right. 9 The second, drawing A-2 of 3, basically 10 show the floor plans, where you can see it is a 11 four story building. First floor has the parking 12 level, has the lobby. We’re proposing an 13 elevator with this building, for the third floor. 14 Basically, the floor plans are -- you know, 15 all the floors are accessed from the front. You 16 have the main stairwell that goes to the first 17 floor directly from the front, and then you have 18 a center stair that goes to the other two floors, 19 as well as to a roof deck that we have, 20 obviously, on -- on the roof. 21 Each one of the units has a -- has three 22 bedrooms. And of course, it has a kitchen, it 23 has washer/dryer. 24 And then, towards the rear, you have a 25 stairwell which provides the second means of  43 1 egress from the units. 2 The setbacks are two on one side, three on 3 the other side. And the three on the -- on the 4 other side is for the upper floors. The lower 5 level, we pulled back to three foot eight, 6 because we do need exits -- requirements and 7 according to your Code. That exit needs to be 8 three foot eight or 44 inches. 9 Again, as I explained, the rear is five 10 feet. And the front, we have, as per the -- as 11 per the chart on the -- on the first page, on 12 this particular one, we have a front yard, which 13 is a prevailing setback of 6.87 feet. 14 The requirement of the Code is either ten 15 percent -- I’m sorry -- ten feet or the 16 prevailing setbacks. And this what we’re 17 maintaining the prevailing setbacks of the 18 surrounding development. 19 If you look at the -- the drawing, we have 20 the elevation of the building, where you can see 21 that the actual height that we have is 43.6 to 22 the roof level. We do have a penthouse, with a 23 stair that goes out to the rooftop. And that is 24 -- that is a little higher, but the actual height 25 of the building is 43 and a half feet.  44 1 MR. LOPEZ: And that’s where we may require 2 a little bit of flexibility, in that you may 3 exceed 44 feet slightly. 4 Is that correct? 5 MR. CARBALLO: Right. 6 Again, we’re -- we’re in front of this 7 Board, one, because we have that fourth level. 8 We have four stories in this building. And 9 secondly, because once we do that four stories, 10 the building elevates itself a little bit more. 11 And I just want to make sure that even as -- as 12 the dimensional height that we’re covered in case 13 if anything happens with the construction, or 14 during construction. 15 The four floors, obviously, you have the 16 three residential levels, and on the lower level, 17 the only thing that we have, aside from the 18 lobby, is the parking that’s required for the 19 building. 20 MR. LOPEZ: As you look at the front 21 elevation, at the bottom of your drawing, the 22 area immediately to the right of the garages, 23 that would just be a lobby to accommodate the 24 elevator. 25 Is that correct?  45 1 MR. CARBALLO: That -- that’s all it is. 2 What we have is, if you look at the -- at the 3 elevations, you see the four stories of the 4 building. The first floor is brick and 5 obviously, aside from the brick, you have the 6 glass for the garage door, as well as the glass 7 door for the entrance to the lobby. 8 We’re giving it as much glass as possible, 9 just to make sure that the building is 10 aesthetically pleasing, as well as the -- if you 11 look at the elevations, there’s a lot of glass on 12 the upper levels in the front, so that this 13 building could actually be, again, aesthetically 14 pleasing, a little bit more sophisticated and -- 15 you know, otherwise, would be for a building like 16 this. 17 We’re using metal panels on the front, on 18 the upper levels, just to have a contrast with 19 the brick on the first floor. And just again, to 20 give it that aesthetic character that I think is 21 very important for a building like this. 22 MR. LOPEZ: Mr. Carballo, the -- your 23 proposed design, with the number of units, fully 24 complies with the parking requirement that -- 25 that --  46 1 MR. CARBALLO: That -- 2 MR. LOPEZ: -- is being provided. 3 MR. CARBALLO: That is correct. 4 We have six parking spaces, we have three 5 units. 6 MR. LOPEZ: And, in your opinion, is this 7 an appropriate design, given the mandates of the 8 City and the requirements, specifically, parking? 9 MR. CARBALLO: I believe that this is a -- 10 a very responsive design to the property and -- 11 and the current thinking of the City. 12 It does provide some really nice units and 13 it provides the required parking for those units. 14 MR. LOPEZ: Could you explain, Mr. 15 Carballo, the placement of the second staircase 16 in the rear and why that’s important? 17 MR. CARBALLO: Sure. 18 Once you get beyond the third story in a 19 residential building, whether it’s sprinklered or 20 not, you do need a second means of egress. That 21 second means of egress needs to be remote from 22 each other. So, this is why we’re providing it 23 in the back. Obviously, it goes all the way down 24 and it comes around, and that’s why I explained 25 before that we needed those 44 inches so that we  47 1 can provide safe exiting from the building, in 2 case of an emergency. 3 All the utilities are, again, on the first 4 floor. We have trash towards the rear, by the 5 stairs, so that again, in that three foot eight, 6 so it can easily be taken out to the curb during 7 the pickup. 8 MR. LOPEZ: And even though the property 9 has a secondary means of egress, the type of 10 construction would -- on a three unit structure, 11 would require it to be fully sprinklered. 12 Is that -- 13 MR. CARBALLO: It is -- exactly. It is 14 fully sprinklered. Once you get to a third unit, 15 has to be fully sprinklered. 16 MR. LOPEZ: Mr. Chairman, I have no other 17 questions. 18 I’d open it up -- open him up to the Board 19 for any questions. 20 CHAIRMAN BONACCI: Do you have any other 21 testimony tonight? 22 MR. LOPEZ: We do not. 23 CHAIRMAN BONACCI: Okay. 24 MR. LOPEZ: We do not, on -- on this 25 application obviously.  48 1 CHAIRMAN BONACCI: Okay. 2 So, the -- I’m going to treat this one -- 3 you know, separate form the other two. 4 MR. LOPEZ: Yes. 5 I’m sorry. 6 If I may, let me just go over the -- the 7 items that we would need on variances. 8 CHAIRMAN BONACCI: Um hum. 9 MR. LOPEZ: Mr. Carballo, based upon your 10 testimony, I think that our variances would be 11 the height, just because we may exceed the 44 12 foot height slightly. 13 Is that correct? 14 MR. CARBALLO: That is correct. 15 MR. LOPEZ: The rear yard, which is a 16 current deviation from the current requirement of 17 25 feet. We’re proposing five. 18 MR. CARBALLO: That is correct. 19 MR. LOPEZ: The maximum building coverage, 20 we are at 70 percent, as opposed to 60 percent. 21 MR. CARBALLO: Right. 22 MR. LOPEZ: And the lot coverage, we are at 23 91 percent as opposed to 75 percent. 24 MR. CARBALLO: That is correct. 25 MR. LOPEZ: We otherwise comply with other  49 1 -- all the other -- 2 MR. CARBALLO: Right. All the other bulk 3 requirements are complied with. 4 CHAIRMAN BONACCI: What about the parking 5 requirement? 6 MR. CARBALLO: We’ve got six parking spaces 7 in the lower level. 8 CHAIRMAN BONACCI: You’re, what, deficient 9 by one? 10 MR. CARBALLO: No. We -- we require, by 11 the Ordinance, for a three bedroom apartment, 12 it’s actually 2.1. 13 CHAIRMAN BONACCI: Okay. 14 MR. CARBALLO: So, we’re two -- we should 15 be 6.3, which is less than the 6.5. 16 CHAIRMAN BONACCI: I just want to ask Mr. 17 Spatz, because he’s got a little different on his 18 memo. 19 MR. SPATZ: Yeah. It -- the Residential 20 Site Improvement Standards requires, for three 21 family houses, the standard for a townhouse 22 development and a three bedroom in a townhouse 23 development is 2.4. So, it’s actually 7.2, 24 rounded out to seven. So, seven spaces are 25 required. The --  50 1 CHAIRMAN BONACCI: Okay. 2 MR. SPATZ: -- proposal in the Master Plan 3 has a lesser zoning standard. So, it meets that 4 but it doesn’t -- 5 MR. LOPEZ: So we would need -- 6 MR. SPATZ: -- meet the current standard. 7 MR. LOPEZ: So we would need a parking 8 variance of -- of one space. 9 MR. SPATZ: That's correct. 10 CHAIRMAN BONACCI: Okay. 11 Mr. Carballo, since you’re here already -- 12 MR. CARBALLO: Um hum. 13 CHAIRMAN BONACCI: -- what is the –- 14 All right. 15 So, the square footage of each unit -- 16 MR. CARBALLO: In this particular 17 application, being a 25 foot lot, this unit is at 18 about 1300 square feet. That is minus the 19 stairwells and the elevators. That’s just living 20 space. 21 CHAIRMAN BONACCI: Okay. 22 Thirteen hundred square feet for each unit 23 living space. 24 MR. CARBALLO: Um hum. 25 CHAIRMAN BONACCI: And what’s the square  51 1 footage of each bedroom? 2 MR. CARBALLO: Well, let’s see. 3 They’re -- they’re 12 by about 15, so the 4 master bed is about 180. The second bedroom is 5 about a hundred and I would say about -- close to 6 about 140. And the third bedroom is 122. 7 CHAIRMAN BONACCI: Now, is that going to be 8 the same for all three of the applications? 9 MR. CARBALLO: They stack equally. 10 CHAIRMAN BONACCI: Okay. 11 MR. CARBALLO: Oh, the applications? 12 MR. LOPEZ: Yes. 13 Oh, no. 14 MR. CARBALLO: No, because -- because this 15 one that is a wider lot. 16 CHAIRMAN BONACCI: Okay. 17 MR. CARBALLO: Yeah. 18 CHAIRMAN BONACCI: Mr. Spatz? 19 MR. SPATZ: Yes? 20 CHAIRMAN BONACCI: With 180, 140, 122, does 21 that square footage of each bedroom meet the 22 requirement? 23 MR. SPATZ: The zoning does not have any 24 requirements for bedroom size of the -- you know, 25 what the Building Code would require and I  52 1 believe it meets that. 2 CHAIRMAN BONACCI: Okay. 3 MR. SPATZ: There is a standard for 4 apartments, although it isn’t triggered by three 5 families, it’s only by four -- by four units. 6 However, the size of the units does meet the 7 Ordinance. 8 CHAIRMAN BONACCI: Okay. 9 Now, you’re going to subdivide the lot. 10 And how much space is going to be in between the 11 two buildings? 12 MR. CARBALLO: We have two on one side and 13 three on the other side, so it would be a five 14 foot separation between buildings. 15 CHAIRMAN BONACCI: Okay. 16 Five feet in between the two. 17 MR. CARBALLO: That is correct. 18 CHAIRMAN BONACCI: Okay. 19 MR. CARBALLO: Um hum. 20 CHAIRMAN BONACCI: Now, the rear yard 21 setback, it’s 25 feet that’s required and you 22 guys have -- 23 MR. CARBALLO: We’re proposing five feet. 24 CHAIRMAN BONACCI: So, we’re off there by 25 about 20 feet.  53 1 MR. CARBALLO: Correct. 2 CHAIRMAN BONACCI: Okay. 3 MR. LOPEZ: And there’s something I’d like 4 to point out to the Board. 5 If you look at the third page of the 6 drawings, obviously, probably two more cars can 7 be accommodated onsite. What we are -- what Mr. 8 Carballo is proposing is something that is 9 feasible for cars to move -- be able to get in 10 and out, without obstructing each other. There 11 is room, probably, for another three cars on 12 here, if we stack them. But this is the best 13 possible design scenario to allow six cars to 14 more or less have some maneuvering room in there. 15 I think that’s -- 16 MR. CARBALLO: Most practical. 17 MR. LOPEZ: That’s the intent. 18 Right, Mr. Carballo? 19 MR. CARBALLO: The most practical way. 20 That is correct. 21 CHAIRMAN BONACCI: Okay. 22 So, originally, it’s a -- it was a two unit 23 structure, at this location. 24 Right? 25 MR. LOPEZ: At this location, if you look  54 1 at the front photograph, there’s -- there is a -- 2 a -- basically, a condemned structure. 3 CHAIRMAN BONACCI: Um hum. 4 MR. LOPEZ: There’s signage from North 5 Hudson Regional. The property cannot be 6 occupied. No one has made any attempt to 7 rehabilitate it, because the intent is to -- 8 obviously, to take down the existing structure 9 and put up these two structures on the 50 by a 10 hundred. 11 CHAIRMAN BONACCI: Okay. 12 So, you’re going to go from a two unit 13 structure to four. And that’s going to require 14 one new -- 15 MR. CARBALLO: To six. 16 CHAIRMAN BONACCI: -- floor of height. One 17 more story of height. 18 MR. LOPEZ: The height will probably be 19 lower than -- than what’s there now. 20 MR. CARBALLO: From the peak, yeah. 21 Probably, about the same. 22 CHAIRMAN BONACCI: Is -- is there any -- is 23 there any four story structures that are 24 currently in the neighborhood now? 25 MR. CARBALLO: I don't know.  55 1 CHAIRMAN BONACCI: In regards to the 2 structure that you’re proposing? 3 MR. LOPEZ: There are, but unfortunately, I 4 don't have a planner here -- 5 CHAIRMAN BONACCI: Right. 6 MR. LOPEZ: -- this evening -- 7 MR. CARBALLO: Right. 8 CHAIRMAN BONACCI: Okay. 9 MR. LOPEZ: -- to testify as to what is in 10 the community. But yes there are. The -- the -- 11 MR. CARBALLO: Right. 12 MR. LOPEZ: -- block is a mixture. 13 MR. CARBALLO: It’s a mixture. The -- the 14 only thing -- 15 MR. LOPEZ: Right. 16 MR. CARBALLO: -- I can say with respect to 17 -- the only way I can answer that question is 18 that the zone actually allows 40 feet -- 40 foot 19 high. So, we’re allowing -- you know -- 20 CHAIRMAN BONACCI: You’re going a little 21 over that. 22 MR. CARBALLO: Just a little over that. 23 CHAIRMAN BONACCI: Which is why you’re 24 here. 25 MR. CARBALLO: That -- that is correct.  56 1 CHAIRMAN BONACCI: Okay. 2 MR. LOPEZ: And -- and just to the right of 3 this structure, close to the -- I think there’s a 4 used car dealer on the corner, there’s a -- a 5 relatively new development, which is four stories 6 in height. And it’s existing. It’s -- it’s just 7 been built recently. 8 There are others on this block. It’s a 9 combination, like many blocks in Union City, of 10 apartment buildings and two families, two family 11 houses, which generally predominate in that area. 12 CHAIRMAN BONACCI: Let me see here. Okay. 13 So, by subdividing the lot in two, and it’s 14 going to be three three bedrooms. 15 MR. CARBALLO: Correct. 16 CHAIRMAN BONACCI: So that’s going to take 17 the bedroom count to 18, between the two 18 buildings. 19 MR. CARBALLO: That is -- 20 CHAIRMAN BONACCI: Eighteen bedrooms. 21 MR. CARBALLO: That is correct. 22 CHAIRMAN BONACCI: Now, it’s a low density 23 residential zone and that many bedrooms -- you 24 know, maybe nine I would consider low density 25 residential; 18 -- you know, so I guess my  57 1 question is, would it be possible for you to do 2 two, two, two? And then, you got six plus six. 3 Instead of 18 bedroom totals, you got 12. 4 MR. LOPEZ: Our -- our -- 5 CHAIRMAN BONACCI: Then, you’re bringing 6 down the density of the building with regards to 7 the bedrooms. That might be a different planning 8 alternative. And then, if that was the way that 9 you guys designed to go, you might not even need 10 that many parking spaces, because you’d have less 11 bedrooms. 12 MR. CARBALLO: Um hum. 13 MR. LOPEZ: The -- 14 CHAIRMAN BONACCI: I see it. I see it. 15 MR. LOPEZ: The -- the -- certainly, it is 16 doable, obviously. 17 CHAIRMAN BONACCI: Okay. 18 MR. LOPEZ: You can build that. 19 However -- 20 CHAIRMAN BONACCI: I’m -- I’m just trying 21 to see -- 22 MR. LOPEZ: -- it’s not -- 23 CHAIRMAN BONACCI: -- if there’s another 24 planning alternative where you wouldn’t need the 25 height variance, and then you wouldn’t even need  58 1 that. 2 MR. LOPEZ: A two bedroom -- a two bedroom 3 apartment makes it very difficult to build. It’s 4 -- it’s extremely restrictive. 5 I’ll certainly consult with my client. 6 CHAIRMAN BONACCI: I mean, you know, -- 7 MR. LOPEZ: But it makes it very difficult. 8 CHAIRMAN BONACCI: -- originally, it was a 9 two unit structure to begin with. 10 MR. CARBALLO: Right. 11 CHAIRMAN BONACCI: So, it would still be 12 better than that. 13 MR. CARBALLO: The -- the other thing -- 14 CHAIRMAN BONACCI: But less than what 15 you’re proposing. You know what I’m -- 16 MR. CARBALLO: Yeah. The -- 17 CHAIRMAN BONACCI: -- trying to say? 18 MR. CARBALLO: The other thing on that is 19 that the size of the unit is not going to change. 20 We do need the space in the basement. We do need 21 the two stairs, so the stairs have to be at -- at 22 that -- the distance. 23 And -- and you know, when you’re talking 24 about two bedroom units, you still have the six 25 parking space requirement. But the unit would be  59 1 extremely large for a two bedroom unit. 2 CHAIRMAN BONACCI: Right. 3 MR. LOPEZ: And Mr. Bonacci, if -- if I may 4 point out? 5 If you look at the photograph on the front 6 page, even the existing structure, which is a 7 very old structure -- 8 CHAIRMAN BONACCI: Right. 9 MR. LOPEZ: -- it practically goes all the 10 way to the back, if you notice. It’s -- it’s a 11 really large structure in -- not only in height, 12 which that probably exceeds the 45 feet at its 13 peak, but this is a structure which goes all the 14 way back, in all likelihood. I can’t tell you 15 how many -- 16 CHAIRMAN BONACCI: To the -- 17 MR. LOPEZ: -- they are. 18 CHAIRMAN BONACCI: To the property line, 19 you’re saying. 20 MR. LOPEZ: Yes. These -- 21 CHAIRMAN BONACCI: With regards to the rear 22 yard setback. 23 MR. LOPEZ: These are probably three, three 24 units. 25 CHAIRMAN BONACCI: Right.  60 1 MR. LOPEZ: Even in the old structure. 2 CHAIRMAN BONACCI: Yeah. I understand that 3 but -- you know, that’s preexisting and you guys 4 are starting fresh, so you would have a chance to 5 actually meet the requirement. That building 6 can’t do that anymore. 7 MR. LOPEZ: Agreed. This type of 8 structure, it’s really -- 9 (Whereupon, there was a pause in the 10 proceedings.) 11 MR. PANEQUE: If I may? 12 MR. LOPEZ: Yeah. 13 (Whereupon, there was a pause in the 14 proceedings.) 15 CHAIRMAN BONACCI: Okay. 16 So, that was just my questions, that’s all. 17 MR. LOPEZ: Okay. 18 CHAIRMAN BONACCI: But you know, let me 19 just open it up for other members. 20 MR. LOPEZ: Absolutely. 21 CHAIRMAN BONACCI: You guys have any 22 questions? 23 VICE CHAIRMAN GRULLON: If I may, I have a 24 question of Mr. Carballo. 25 MR. CARBALLO: Of course.  61 1 VICE CHAIRMAN GRULLON: And just for 2 clarification, the height of the building, you 3 say is 43 -- 43.6? 4 MR. CARBALLO: Forty-three six. Correct. 5 VICE CHAIRMAN GRULLON: And on top, I can 6 see that you have like a terrace and -- and 7 another -- like -- like a room there? 8 MR. CARBALLO: No. That’s -- that’s not a 9 room. That’s just a -- 10 VICE CHAIRMAN GRULLON: That brings it up 11 to 52.6. 12 MR. CARBALLO: That’s the stair bulkhead. 13 That’s -- that’s what we use to get out to the -- 14 VICE CHAIRMAN GRULLON: That doesn’t count 15 as -- 16 MR. LOPEZ: No. 17 MR. CARBALLO: No, sir. 18 VICE CHAIRMAN GRULLON: -- height of the 19 unit? 20 MR. CARBALLO: It doesn’t. 21 VICE CHAIRMAN GRULLON: Is that correct, 22 Mr. Spatz? 23 MR. SPATZ: The -- the stair bulkhead or an 24 elevator bulkhead would not be included in the 25 height calculation. It’s just to the parapet.  62 1 VICE CHAIRMAN GRULLON: Okay. 2 And the terrace that he has -- 3 MR. SPATZ: That would not be included in 4 the height calculation. That’s right. 5 VICE CHAIRMAN GRULLON: Thank you. 6 Thank you, Mr. Carballo. 7 CHAIRMAN BONACCI: Any other members of the 8 Board? 9 Members of the public? 10 All right. 11 Closed to the public. 12 The only reason that I’m bringing up these 13 questions now is because -- you know, I can see 14 what’s the other items that are on the agenda for 15 tonight. 16 MR. CARBALLO: Um hum. 17 CHAIRMAN BONACCI: So, I almost feel like 18 we opened Pandora’s Box on this one -- you know 19 -- 20 MR. LOPEZ: Would be -- right. 21 CHAIRMAN BONACCI: -- for the other ones. 22 MR. LOPEZ: Mr. Bonacci, -- 23 CHAIRMAN BONACCI: Now -- 24 MR. LOPEZ: -- if -- 25 CHAIRMAN BONACCI: One second, because I’ll  63 1 forget to say it. 2 You started your testimony -- you know, by 3 saying that the future master -- you know, you’ll 4 probably meet that and maybe not even need to ask 5 us for any variances. 6 MR. LOPEZ: Correct. If –- 7 Right now, we do. 8 CHAIRMAN BONACCI: Right. 9 MR. LOPEZ: And we’re here asking for 10 variances. 11 CHAIRMAN BONACCI: But if there’s a way -- 12 MR. LOPEZ: We don’t know anything about 13 this Master Plan. 14 CHAIRMAN BONACCI: Yeah. This is -- 15 MR. LOPEZ: It’s a -- 16 CHAIRMAN BONACCI: -- new construction. 17 MR. LOPEZ: Yes. 18 CHAIRMAN BONACCI: And that means that you 19 guys have a chance to meet all the requirements. 20 Whereas, what’s currently there -- you know, they 21 can’t do that anymore because that’s preexisting. 22 So, if there’s a chance that you can meet 23 the requirements, without even needing a height 24 variance, that would probably be a lot better. 25 MR. LOPEZ: Well, the building that’s  64 1 proposed to you tonight, in all likelihood, does 2 not require a height variance. We are doing it 3 to be safe, because we’re talking about maybe 4 eight inches or so, and then we go over. 5 So, we don’t want to be caught in a 6 situation where we are -- we’re trying to build 7 it at 43.6. And if do, there’s no height 8 variance required here, because we conform to the 9 ten foot (sic) deviation. 10 But we -- if we exceed it, we don’t want to 11 be caught in a situation where we’re coming back. 12 CHAIRMAN BONACCI: Yeah. My whole thing 13 is, if we grant this tonight and give you an 14 extra story, in all likelihood, that’s going to 15 be times three. 16 MR. LOPEZ: Yes. 17 CHAIRMAN BONACCI: And there’s a chance 18 that -- you know, you guys might not even need to 19 ask for that variance. 20 MR. LOPEZ: That's correct. 21 CHAIRMAN BONACCI: I would feel a lot more 22 comfortable if -- you know, you met the 23 requirement and didn’t need the height variance. 24 Then, we grant it and we have to do that 25 multiplied by three.  65 1 MR. LOPEZ: We understand. And again, 2 what’s being proposed tonight meets the height 3 variance. 4 The building coming in and that’s -- 5 MR. CARBALLO: You want to take a couple 6 minutes and discuss that with the -- 7 MR. LOPEZ: Yeah. Give us one minute to 8 discuss with -- 9 CHAIRMAN BONACCI: Yeah. Okay. 10 MS. DILLON: Do you want me to go off the 11 record? 12 MR. PANEQUE: Off the record, please. 13 14 (Whereupon, the Board recessed from 7:35 15 p.m. to 7:40 p.m.) 16 17 MS. DILLON: Okay. 18 MR. LOPEZ: We’re back on? 19 MS. DILLON: On the record. 20 MR. LOPEZ: Mr. Chairman, in consultation 21 with my client, he has indicated that he’s 22 willing to, along the lines of what -- what you 23 indicated, redesign the space immediately what is 24 design -- what is indicated here as bedroom 25 three, would be to open up that entire space,  66 1 connect it to the kitchen and make it two 2 bedrooms in the back. 3 And it would just be a large open area, 4 which could be used as a family room, larger 5 family room, library, or anything, but it would 6 be completely open to the kitchen area. And 7 then, there would be two -- only two bedroom 8 units. 9 So, we are taking away a bedroom from each 10 of the floors. 11 CHAIRMAN BONACCI: Okay. 12 I know that you guys are -- you know, 13 looking for a decision now, but I would have to 14 ask that we see the revised plans before we go 15 forward with that. 16 MR. CARBALLO: That’s fine. 17 MR. LOPEZ: Fair enough. 18 CHAIRMAN BONACCI: Okay? 19 So, we’re going to have to find a way to 20 carry this over with the revised plans. 21 MR. CARBALLO: Okay. 22 MR. LOPEZ: And I will make a somewhat 23 expedited presentation on the others that are 24 similar, because as I indicated, they would all 25 have a similar layout.  67 1 CHAIRMAN BONACCI: Right. 2 MR. LOPEZ: And we’re willing to propose 3 the same as to all of them. 4 CHAIRMAN BONACCI: Okay. 5 So, we’re going to have to make a motion 6 that -- not to make a motion. We have to see the 7 revised plans first. 8 MR. LOPEZ: So, I would ask -- 9 THE SECRETARY: Motion to adjourn this 10 application -- 11 MR. LOPEZ: -- for an adjournment. 12 THE SECRETARY: -- for March 14, 2019 by 13 Mr. Bonacci. 14 MS. DILLON: I’m sorry. Did you make a 15 motion? 16 CHAIRMAN BONACCI: Yes. 17 MS. DILLON: Okay. 18 CHAIRMAN BONACCI: I make a motion -- 19 MS. GUTIERREZ: Second. 20 CHAIRMAN BONACCI: -- to adjourn until 21 March 14th, with the revised plans. 22 THE SECRETARY: Second by Ms. Gutierrez. 23 Roll call on the -- on the motion to 24 adjourn this application for March 14. No new 25 notice required.  68 1 Mr. Bonacci? 2 CHAIRMAN BONACCI: Yes. 3 THE SECRETARY: Ms. Gutierrez? 4 MS. GUTIERREZ: Yes. 5 THE SECRETARY: Mr. Grullon? 6 VICE CHAIRMAN GRULLON: Yes. 7 THE SECRETARY: Mr. Pressey? 8 MR. PRESSEY: Yes. 9 THE SECRETARY: Mr. Ortiz? 10 MR. ORTIZ: Yes. 11 THE SECRETARY: Five in favor. 12 Motion carries. 13 MR. LOPEZ: Thank you, Mr. Chairman, and 14 members of the Board. 15 CHAIRMAN BONACCI: Okay. 16 * * * 17 18 19 20 21 22 23 24 25  69 1 Mardamer Builders - 546-548 35th Street: 2 3 MR. LOPEZ: Thirty-Fifth Street -- 4 CHAIRMAN BONACCI: Um hum. 5 MR. LOPEZ: -- next which would be the one 6 that most resembles this one. 7 CHAIRMAN BONACCI: Okay. 8 THE SECRETARY: Give me one second, please. 9 (Whereupon, there was a pause in the 10 proceedings.) 11 CHAIRMAN BONACCI: The two that resemble 12 each other. 13 THE SECRETARY: We are going to number 4, 14 that’s 546-548 35th Street. 15 MR. LOPEZ: That's correct. 16 THE SECRETARY: Mardamer Builders. 17 Mr. Lopez, please? 18 MR. PANEQUE: Let the record reflect that 19 I’ve been provided with the following 20 documentation by Mr. Lopez: 21 I have an Affidavit of Service indicating 22 that notice of tonight’s hearing with respect to 23 the property at 546-548-35th Street was given to 24 all property owners within the 200 foot radius, 25 as well as having been published in the local  70 1 paper. 2 I’ve also been provided with the Affidavit 3 from The Jersey Journal, indicating that notice 4 of tonight’s hearing was published on 5 February 2nd, 2019, with respect to the property 6 at 546-548 35th Street. 7 I’ve also been provided with a copy of the 8 notice that went out, also indicating notice for 9 tonight’s hearing with respect to the property in 10 question, as well as a tax list from the Tax 11 Assessor’s Office consisting of three pages, with 12 a date of January 29, 2019, as well as the 13 certified mail receipts that have come back to 14 date, and the official certified receipts with a 15 postmark date handwritten in of February 1 st, 16 2019. 17 Based on the documentation that’s been 18 provided, this Board has jurisdiction to proceed 19 and hear this matter. 20 MR. LOPEZ: Mr. Chairman, members of the 21 Board, once again, Adolfo Lopez, appearing on 22 behalf of the applicant. 23 As I indicated earlier, the design by Mr. 24 Carballo, these structures is identical to the 25 one in the first presentation.  71 1 What I -- I would propose to the Board, if 2 you grant an adjournment, we can redesign them 3 along the lines of what the Board indicated to us 4 would be preferable in the first presentation. 5 They are identical lots. 6 Is that correct, Mr. Carballo? 7 MR. CARBALLO: That is -- that is correct. 8 It’s a 50 by a hundred lot. We propose to 9 subdivide it into two 25 by a hundred lots. 10 MS. DILLON: Mr. Carballo was previously 11 sworn. 12 CHAIRMAN BONACCI: Yeah. 13 MR. CARBALLO: Yeah. 14 CHAIRMAN BONACCI: So, we’re going to 15 revise the plans on that one, too. 16 MR. LOPEZ: I could either go through the 17 presentation, or wait on the revised plans, and 18 we can make the presentation at that point, with 19 -- 20 CHAIRMAN BONACCI: That -- 21 MR. LOPEZ: -- with the revisions already 22 before you. 23 CHAIRMAN BONACCI: Yeah. That -- that 24 probably would be better, since these two are 25 almost identical.  72 1 MR. LOPEZ: That's correct. 2 CHAIRMAN BONACCI: Okay. 3 Make a motion to adjourn the application 4 with the revised plans. 5 MR. MONSALVE: I’m sorry. 6 In reference to that property, my house is 7 directly -- 8 THE SECRETARY: Allow me one second, sir, 9 please. 10 MR. LOPEZ: One second. 11 THE SECRETARY: Motion on the table to 12 adjourn this application for March 14, new 13 revised plans required. 14 Motion by Mr. Bonacci. 15 Any second? 16 MS. GUTIERREZ: Second. 17 THE SECRETARY: Seconded by Ms. Gutierrez. 18 Roll call on the motion. 19 Mr. Bonacci? 20 CHAIRMAN BONACCI: Yes. 21 THE SECRETARY: Ms. Gutierrez? 22 MS. GUTIERREZ: Yes. 23 THE SECRETARY: Mr. Grullon? 24 VICE CHAIRMAN GRULLON: Yes. 25 THE SECRETARY: Mr. Pressey?  73 1 MR. PRESSEY: Yes. 2 THE SECRETARY: Mr. Ortiz? 3 MR. ORTIZ: Yes. 4 THE SECRETARY: Five in favor. 5 Motion carries. 6 No new notice required. 7 CHAIRMAN BONACCI: Sir, so -- 8 MS. DILLON: You have to come forward, sir. 9 CHAIRMAN BONACCI: She’s just going to -- 10 MS. DILLON: I need you to go to the 11 microphone. 12 Please state your name, spell it for the 13 record, and give your address. 14 MR. MONSALVE: My name is John Monsalve. 15 I’m representing my aunt who owns the property. 16 She doesn’t -- 17 MS. DILLON: Spell your last -- 18 MR. MONSALVE: -- speak English. 19 MS. DILLON: -- name for me. 20 MR. MONSALVE: M-O-N-S-A-L-V-E. 21 She asked me to stop by in reference to 22 this meeting. I live in the property, as well. 23 We’re concerned of how the -- it’s going to 24 affect our house. 25 She was previously -- before purchasing the  74 1 property, the owner who owned that property lost 2 the driveway to that -- to that property. So, 3 when she purchased it, she -- she ended up with 4 no driveway. 5 So, we’re very concerned because prior to 6 their property being sold, it was being used as a 7 parking lot and the noise levels was -- it was 8 crazy in there. 9 So, we’re wondering with the construction, 10 what’s going to happen? 11 CHAIRMAN BONACCI: I think it, probably 12 your questions would be answered better because 13 this is going to be carried over with -- because 14 they’re going to revise the plans. So, it’s 15 probably more suitable to present your questions 16 at our next meeting, because that’s when they’re 17 going to proceed with their revised plans. 18 MR. LOPEZ: That's correct, Mr. Bonacci. 19 I would just point out that the -- the 20 usage as a parking lot previously was not under 21 our ownership. We acquired it. That was two or 22 three owners ago. 23 MR. MONSALVE: Yes. Yes. Yes. Yes. 24 MR. LOPEZ: And -- 25 MR. MONSALVE: Yes. I’m familiar with  75 1 that. 2 But I’m just concerned, after the 3 construction, let’s just say that you end up with 4 a driveway to the property directly next to us. 5 That’s -- but I guess what he’s saying, wait 6 until the property -- 7 MR. LOPEZ: Absolutely. 8 MR. MONSALVE: Sure. Okay. We’ll do that. 9 CHAIRMAN BONACCI: Okay. 10 MR. LOPEZ: Thank you very much. 11 MS. GUTIERREZ: Thank you. 12 MR. MONSALVE: So, you won’t receive a 13 notice by mail, I guess? 14 MR. LOPEZ: No. 15 CHAIRMAN BONACCI: They will not have to 16 renotice because they established jurisdiction 17 tonight. So, we’re just putting it out there now 18 that -- you know, we’re going to carry this over 19 to March 14th. 20 If you’d like to be present at March 14 th, 21 you can present your questions to counselor at 22 that time, because that’s when he’s going to 23 present his application. 24 MR. MONSALVE: Okay. 25 CHAIRMAN BONACCI: That’s our next meeting,  76 1 March 14th. 2 MR. MONSALVE: All right. 3 MR. LOPEZ: Thank you. 4 MR. MONSALVE: Thank you. 5 THE SECRETARY: Are you going to adjourn 6 the application? 7 MR. LOPEZ: It was granted. Yeah. 8 THE SECRETARY: I’m sorry. 9 * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  77 1 Mardamer Builders - 547 36th Street: 2 3 THE SECRETARY: Next application on 4 tonight’s agenda, Mardamer Builders, 547 36th 5 Street. 6 Mr. Lopez, please? 7 MR. LOPEZ: Thank you, Mr. Chairman, 8 members of the Board. 9 I’m going to present my documents to Mr. 10 Paneque. 11 MR. PANEQUE: Thank you, sir. 12 For the record, I’ve been provided by Mr. 13 Lopez with the following documentation: 14 I have an Affidavit of Service indicating 15 that notice of tonight’s hearing with respect to 16 the property at 547 36th Street in Union City, was 17 provided to all property owners within the 200 18 foot radius, as well as having been published in 19 the paper. 20 I have an Affidavit from The Jersey 21 Journal, indicating that notice with respect to 22 the property at 547 36th Street was published in 23 the paper on February 2nd, 2019, giving notice of 24 tonight’s hearing on February 14 th at six o’clock 25 at this venue.  78 1 I also have a copy of the notice that went 2 out, with respect to the property at 547 36 th 3 Street, indicating the meeting would be tonight 4 at six o’clock on February 14. 5 I’ve also been provided with the tax list 6 from the Tax Assessor’s Office, consisting of 7 three pages, which tax list is dated January 29, 8 2019, the certified receipts with a date of 9 February 1st, 2019, as well as the green cards 10 that have come back to date. 11 Based on the documentation provided, this 12 Board has jurisdiction to proceed and hear this 13 matter. 14 MR. LOPEZ: Mr. Chairman, members of the 15 Board, Adolfo Lopez appearing on behalf of the 16 applicant. 17 Mr. Chairman, the -- the difference with 18 this application is that we have a larger lot. 19 The -- this is an 82 by 100 foot lot, which 20 allows us to make somewhat of a wider house and a 21 wider lot. 22 We are proposing, along with the 23 application for the variance, a subdivision into 24 three lots, each 27.3 by 100. 25 The layout, however, is the same. Again,  79 1 in speaking to the owner, he’s certainly willing 2 to modify the internal layout of the house, as -- 3 as the prior ones, because the layout of the 4 property, other than being two feet wider, is the 5 exact same layout on the interior. 6 CHAIRMAN BONACCI: So, correct me if I’m 7 wrong, you’re saying that with this application, 8 you’re 27 by a hundred instead of 25 by a 9 hundred. And that’s pretty much the only 10 substantial difference between this one and the 11 other application. 12 MR. LOPEZ: The -- the house, the structure 13 itself would be two feet wider -- 14 CHAIRMAN BONACCI: Okay. 15 MR. LOPEZ: -- than the others. But the 16 internal layout is approximately the same. It’s 17 slightly larger, but it would still be three 18 bedrooms in the same layout as -- 19 CHAIRMAN BONACCI: And -- 20 MR. LOPEZ: -- was proposed. 21 CHAIRMAN BONACCI: Still with the height 22 variance. 23 Right? 24 MR. LOPEZ: That's correct. 25 CHAIRMAN BONACCI: Okay. And say -- still  80 1 with rear yard max, building coverage, lot 2 coverage, and the parking variance, which was 3 like one. 4 Right? 5 MR. CARBALLO: Those are the variances. 6 Correct. 7 CHAIRMAN BONACCI: Okay. 8 So, therefore, this would be another one 9 that you would need to revise the plans for. 10 MR. LOPEZ: We would be -- the owner would 11 be willing to revise the plans in accordance to 12 the Board’s preferences. 13 And we ask for an adjournment to come back 14 with the revised plans for your consideration. 15 CHAIRMAN BONACCI: Any questions from the 16 Board? 17 MR. ORTIZ: No. 18 MR. PRESSEY: No. 19 CHAIRMAN BONACCI: There’s some members of 20 the public that are still around, so I just want 21 to make sure that -- 22 Members of the public, any questions on 23 this application? 24 All right. 25 Closed to the public.  81 1 Yeah. So, I’ll make a motion to adjourn 2 until the revised plans are presented at our next 3 meeting, March 14th. 4 MR. LOPEZ: Thank you so much. 5 CHAIRMAN BONACCI: Um hum. 6 THE SECRETARY: Motion to adjourn this 7 application by Mr. Bonacci. 8 Any second the motion? 9 Ms. Gutierrez. 10 Roll call on the motion to adjourn this 11 application. 12 No new notice required. 13 Mr. Bonacci? 14 CHAIRMAN BONACCI: Yes. 15 THE SECRETARY: Ms. Gutierrez? 16 MS. GUTIERREZ: Yes. 17 THE SECRETARY: Mr. Grullon? 18 VICE CHAIRMAN GRULLON: Yes. 19 THE SECRETARY: Mr. Pressey? 20 MR. PRESSEY: Yes. 21 THE SECRETARY: Mr. Ortiz? 22 MR. ORTIZ: Yes. 23 THE SECRETARY: Five in favor. 24 Motion carries. 25 MR. LOPEZ: Thank you.  82 1 And my apology to your significant others 2 for -- for delaying you. 3 MR. PRESSEY: I’d rather be here. 4 CHAIRMAN BONACCI: No problem. 5 * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  83 1 ADJOURNMENT: 2 3 THE SECRETARY: There being no other 4 application on tonight’s agenda, can I have a 5 motion to close tonight’s meeting? 6 Motion by Mr. Pressey. 7 Seconded by Mr. Ortiz. 8 Roll call on the motion. 9 Mr. Bonacci? 10 CHAIRMAN BONACCI: Yes. 11 THE SECRETARY: Mr. Grullon? 12 VICE CHAIRMAN GRULLON: Yes. 13 THE SECRETARY: Ms. Gutierrez? 14 MS. GUTIERREZ: Yes. 15 THE SECRETARY: Mr. Ortiz? 16 MR. ORTIZ: Yes. 17 THE SECRETARY: Mr. Pressey? 18 MR. PRESSEY: Yes. 19 THE SECRETARY: Five in favor. 20 Motion carries. 21 Let the record indicate that the meeting 22 has ended. 23 Thank you. 24 Good night, everyone. 25  84 1 (Whereupon, the proceedings were concluded 2 at 7:53 p.m.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  85 1 STATE OF NEW JERSEY : 2 : 3 COUNTY OF ESSEX : 4 5 I, DEBRA A. KASZNIAK, assigned transcriber, 6 do hereby affirm that the foregoing is a true and 7 accurate transcript in the matter of the REGULAR 8 MEETING of the UNION CITY ZONING BOARD OF 9 ADJUSTMENT heard on Thursday, February 14, 2019 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