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, March 14, 2019 Commencing at 6:17 p.m. M E M B E R S P R E S E N T: JOHN MEDINA 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: MARGARITA GUTIERREZ LIBERO MAROTTA MIGUEL ORTIZ 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, 207 39th Street, LLC BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, Hung Fat, Inc. BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, 1117 Summer Ave., LLC BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, Calles 519 11th Street BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, 527 39th Street, LLC BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, 1219 Bergenline Avenue, LLC BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, Donna Jacobsen BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, S&R Realty Group, LLC  3 I N D E X PAGE CALL TO ORDER 6 SALUTE TO FLAG 6 ROLL CALL 7 APPROVAL OF PREVIOUS MEETING MINUTES 9 HEARINGS 207 39th Street, LLC 11 Hung Fat Inc. 14 1117 Summer Ave., LLC 22 Mapal Zahan, LLC 24 Mardamer Builders, 546-548 35th Street 26 Mardamer Builders, 547 36th Street 26 Mardamer Builders, 545 41st Street 26 Calles, 519 11th Street, LLC 29 527 39th Street, LLC 32 1219 Bergenline Avenue, LLC 35 Donna Jacobsen 38 S&R Realty Group, LLC 41 OTHER BUSINESS 44 ADJOURNMENT 47  4 I N D E X Hung Fat, Inc., 1214 Summit Avenue PUBLIC PAGE Larry Price 14  5 I N D E X OTHER BUSINESS PUBLIC PAGE Larry Price 44  6 1 THE SECRETARY: May I have your attention, 2 please? 3 Please take notice that on Thursday, March 4 14, 2019, at six p.m., a Regular Meeting is 5 scheduled for the Union City Zoning Board of 6 Adjustment, to be held in the Municipal Chambers, 7 located on the Second Floor, 3715 Palisade 8 Avenue, Union City, New Jersey. 9 Adequate notice of this meeting has been 10 provided as follow: 11 Notice of this meeting setting forth the 12 time, date, location, and the agenda, to the 13 extent known, was forwarded to The Jersey 14 Journal, The Record, and The Hudson Reporter, has 15 been posted on the bulletin board in City Hall, 16 has been made available to the public in the 17 Office of Municipal Clerk. 18 Can everybody rise, please, to salute the 19 flag? 20 21 (Whereupon, the Pledge of Allegiance was 22 said by all.) 23 24 THE SECRETARY: Thank you. 25  7 1 ROLL CALL: 2 3 THE SECRETARY: Roll -- roll call for 4 tonight’s meeting. 5 Mr. Bonacci? 6 CHAIRMAN BONACCI: Here. 7 THE SECRETARY: Mr. Grullon? 8 VICE CHAIRMAN GRULLON: Here. 9 THE SECRETARY: Mr. Marotta is absent. 10 Ms. Gutierrez is absent. 11 Mr. Ortiz is absent. 12 Mr. Pressey? 13 MR. PRESSEY: Here. 14 THE SECRETARY: Mr. Medina? 15 MR. MEDINA: Here. 16 THE SECRETARY: Let the record -- that we 17 have four members present. 18 So, we have four members present, that’s -- 19 we don’t have a full quorum for tonight’s 20 meeting, but we can -- we can -- Mr. Paneque, we 21 can run the meeting with four members present. 22 That’s correct? 23 MR. PANEQUE: That is correct. 24 We can open up the meeting. And then, any 25 applications that require a super-majority, we  8 1 would have to adjourn. 2 In my review of the applications that are 3 before the Board tonight, they all require a 4 minimum five vote. 5 As such, let’s try calling one at a time 6 and adjourning them on the record. 7 * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  9 1 APPROVAL OF PREVIOUS MEETING MINUTES: 2 3 ( 1) Regular Meeting Held on February 14, 2019 4 5 THE SECRETARY: All right. 6 Then we are going to approval the previous 7 meeting minutes from February 14, 2019. 8 Can I have a motion? 9 VICE CHAIRMAN GRULLON: Motion. 10 THE SECRETARY: Motion by Mr. Bonacci. 11 I’m sorry. Mr. -- 12 MR. PANEQUE: Grullon. 13 THE SECRETARY: -- Grullon. 14 Second by Mr. Pressey. 15 Roll call on the motion. 16 Mr. Bonacci? 17 CHAIRMAN BONACCI: Yes. 18 THE SECRETARY: Mr. Grullon? 19 VICE CHAIRMAN GRULLON: Yes. 20 THE SECRETARY: Mr. Pressey? 21 MR. PRESSEY: Yes. 22 THE SECRETARY: Mr. Medina? 23 MR. MEDINA: Yes. 24 THE SECRETARY: Four in favor. 25 Motion carries.  10 1 (Whereupon, there was a pause in the 2 proceedings.) 3 THE SECRETARY: No Resolution on tonight’s 4 agenda. 5 * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  11 1 207 39th Street, LLC - 207 39th Street: 2 3 THE SECRETARY: We are going to application 4 number one. 5 It’s an extension, 207 39th Street, LLC, 6 207 39th Street. 7 Ms. Pereiras, please? 8 MS. PEREIRAS: Good evening, members of the 9 Board. 10 Bianca Pereiras on behalf of the applicant. 11 I had addressed this matter with counsel 12 earlier today. This is an application that was 13 approved by this Board almost two years ago, in 14 June. This was a matter that was appealed. We 15 actually entered into a Consent Order regarding 16 that, and the approval by this Board, I believe, 17 still stands. We just wanted clarification as 18 far as how much longer we have on that approval. 19 So, Mr. Paneque, I believe our Consent 20 Order was entered into -- 21 When did we enter into the Consent Order? 22 Probably November. 23 I think November of last year. 24 MR. PANEQUE: Okay. 25 I did have an opportunity -- this is for  12 1 the edification of the Board members, I did have 2 an opportunity to speak to Ms. Pereiras earlier 3 today on the phone. And she advised me that they 4 had reached a Consent Order with the -- Mr. 5 Price, I believe -- 6 MS. PEREIRAS: Um hum. 7 MR. PANEQUE: -- who filed the appeal. 8 The case -- well, the statute is that when 9 an appeal is filed, the running of the time limit 10 is toll until the case is resolved. 11 The time would start running again from the 12 time of the Consent Order. 13 MS. PEREIRAS: Okay. 14 MR. PANEQUE: So, if the Consent Order was 15 signed on November, or -- 16 MS. PEREIRAS: Um hum. 17 MR. PANEQUE: -- as you stated, that would 18 be when the time period starts running. 19 And I’m assuming that the appeal was filed 20 within the 45 day window? 21 MR. PRICE: Yes, it was. 22 MS. PEREIRAS: It was. 23 MR. PANEQUE: Okay. So, then, you would 24 start running it from the time of the Consent 25 Order.  13 1 MS. PEREIRAS: Okay. 2 MR. PANEQUE: And you would have your two 3 years from that point. 4 MS. PEREIRAS: That’s fantastic. 5 MR. PANEQUE: Okay? 6 So, as such, Ms. Pereiras, there is no need 7 for you to request an extension at this time. 8 And you’re withdrawing your application? 9 MS. PEREIRAS: That’s correct. 10 MR. PANEQUE: Okay. 11 Application withdrawn. 12 MS. PEREIRAS: Thank you very much, 13 counsel. 14 THE SECRETARY: Thank you. 15 CHAIRMAN BONACCI: Need to make a motion? 16 THE SECRETARY: We’re going to number two. 17 MR. PANEQUE: No. It’s withdrawn. There’s 18 no need to motion. 19 * * * 20 21 22 23 24 25  14 1 Hung Fat, Inc. - 1214 Summit Avenue: 2 3 THE SECRETARY: Hung Fat, Inc., 1214 Summit 4 Avenue. 5 Is supposed to be a planner presentation, 6 Ms. Pereiras? 7 MS. PEREIRAS: Yes. Will that proceed? 8 MR. PANEQUE: Well, at this time, Ms. 9 Pereiras, you don’t have a full quorum here of 10 five members. 11 So, I would request that you have this 12 matter carried to the next meeting. And at that 13 time, you could make your presentation with your 14 planner, as you see fit. 15 We would just request that the statutory 16 time limits be waived on your behalf, on your 17 client’s behalf. 18 MS. PEREIRAS: That’s fine, counsel. 19 MR. PANEQUE: That’s -- you accept that? 20 MS. PEREIRAS: I do. 21 MR. PANEQUE: Mr. Price? 22 MR. PRICE: Yeah. 23 Could I ask -- I mean, we’re talking number 24 two. 25 MR. PANEQUE: Yes.  15 1 MR. PRICE: Hung Fat? 2 That was approved at the last meeting. 3 MR. PANEQUE: Mr. Price, what has 4 transpired after that is that Board member, 5 Libero Marotta, placed a call where he indicated 6 that he would be here tonight, but apparently he 7 is not, and he advised me that he had read the 8 transcript of that meeting, and in his reading of 9 the transcript, he noticed that there was no 10 planner testimony. 11 There had been planning testimony on the 12 prior meetings. However, that planning testimony 13 was with the applications before it got modified 14 to the last format that it -- was presented and 15 approved by this Board. 16 What I had suggested to Ms. Pereiras is to 17 come in tonight and make her presentation to the 18 Board. And then, the Board -- if Mr. Marotta was 19 going to be here, the Board would then have an 20 opportunity to hear the planner’s testimony, 21 which would have been basically a recap, because 22 I understand that the planner’s testimony won’t 23 change because the planner’s testimony dealt with 24 the residential aspect of the application. We 25 just wanted to have it on the record, because Mr.  16 1 Marotta, as a Board member, objected to it. 2 MR. PRICE: But I don’t think you can -- 3 once -- I mean, I don’t think you can legally 4 conduct a hearing on that matter because -- I 5 mean, the Board can only conduct a hearing on a 6 matter one of two ways. You know, on notice, 7 originally, or if it’s carried -- on a 8 continuance, if it’s carried to a date and time 9 certain. 10 Okay? 11 Well, neither of those applies because the 12 -- the last time it was just a vote and it was 13 approved. There was no continuance, with no need 14 for one. 15 MR. PANEQUE: Yes. 16 MR. PRICE: So, I don’t think you can have 17 a hearing. If I were an applicant, I would never 18 do that because now it looks like you’re trying 19 to buttress a -- you know, in court, it would 20 look like you were trying to buttress a case that 21 you’ve already decided. 22 MR. PANEQUE: I understand. We’re trying 23 to -- as you know, this applicant has made at 24 least four amendments to his plans, at -- at 25 great cost to him. He has been before the Board  17 1 four or five times. 2 And I did advise or inform Mr. Marotta, 3 since he had not been here for all those previous 4 applications, as to the fact that this applicant 5 had fully cooperated with the Board and the 6 Board’s request to make the changes that the 7 Board had asked for. 8 Now, Mr. Marotta took the position that 9 without a planner’s testimony, the Resolution 10 would not have -- should have been passed, let’s 11 just say. 12 So, we’re trying to, to use your words, 13 buttress the application. And then, the courts 14 can decide at that point whether that -- that’s 15 the right procedure or not. 16 But your point is well taken. The Board 17 voted, and I’m not aware that the -- without a 18 continuance, this Board actually can hear the 19 case. But we’re trying to see how we can resolve 20 this matter. And maybe by the next meeting, 21 we’ll have a resolution. 22 MR. PRICE: Okay. 23 The fact is that -- you know, I mean, is -- 24 by the way, it’s only necessary what you’re 25 doing, in the event of a challenge. Who’s going  18 1 to challenge it? Me? I think it’s a good 2 project, so I don’t have any problem -- 3 MR. PANEQUE: I understand. 4 MR. PRICE: -- with it. 5 Anybody else going to challenge it? I 6 don’t think so. 7 MR. PANEQUE: Mr. -- Mr. Marotta -- 8 MR. PRICE: And if it is challenged -- 9 MR. PANEQUE: -- was very adamant about it. 10 MR. PRICE: What? 11 MR. PANEQUE: Mr. Marotta was very adamant 12 about the fact that there was no planner’s 13 testimony. And he made several calls. 14 THE SECRETARY: Yes, sir. 15 MR. PANEQUE: Yeah. 16 MR. PRICE: Oh, I -- I didn’t get one of 17 them, so -- okay. 18 Okay. Just to smooth things over, but it 19 -- 20 MR. PANEQUE: I understand. 21 MR. PRICE: It’s -- 22 MR. PANEQUE: It’s -- 23 MR. PRICE: It’s actually -- 24 MR. PANEQUE: -- unorthodox. 25 MR. PRICE: -- counterproductive.  19 1 MR. PANEQUE: Yes. 2 MR. PRICE: If it were challenged, this 3 would be evidence that the case that you vote was 4 -- was weak. So, it -- it actually would work -- 5 MR. PANEQUE: Well, it depends on how it’s 6 presented. If it’s presented that the testimony 7 has already come before the Board, which it is, 8 and we’re just having the planner recertify that 9 testimony, for the edification of the Board, this 10 Board has had five hearings on this matter. 11 MR. PRICE: Yeah. 12 MR. PANEQUE: The -- 13 MR. PRICE: I know. 14 MR. PANEQUE: -- planner has already 15 testified. 16 Mr. Marotta just made an issue of the fact 17 that he didn’t testify at the last meeting. 18 Now, in my conversations with the counsel 19 for the applicant, she did point out to me the 20 fact that he had already testified in the 21 previous meetings, to the residential aspect of 22 this application. 23 We just need him to place on the record 24 that this testimony would be the same going 25 forward, even though we removed the basketball  20 1 court side of this application. 2 MR. PRICE: Right. 3 CHAIRMAN BONACCI: I thought we covered 4 everything, too, you know? 5 MS. PEREIRAS: Um hum. 6 MR. PRICE: What’s that? 7 CHAIRMAN BONACCI: I -- I thought we 8 covered everything. 9 MR. PRICE: Yeah. 10 CHAIRMAN BONACCI: You know, in however 11 many times that -- you know, this was presented. 12 Maybe -- you know, Mr. Marotta forgot that there 13 was a planner present at one of the meetings that 14 we did have. 15 But you know, he went through the 16 transcripts. He didn’t see the planner’s 17 testimony, and we’ll see if we could get this 18 resolved. We’d like to move on from it, too, to 19 have one less thing on the agenda. 20 MR. PRICE: Right. 21 Okay. Very good. 22 MR. PANEQUE: Matter’s being carried. 23 Is there a motion? 24 CHAIRMAN BONACCI: I’ll make a motion. 25 VICE CHAIRMAN GRULLON: Second.  21 1 THE SECRETARY: Motion by Mr. -- 2 CHAIRMAN BONACCI: Make a motion to carry 3 this over to the next meeting. 4 THE SECRETARY: Motion by Mr. Bonacci. 5 Seconded by Mr. Grullon to carry for the 6 next month meeting; that will be April 11, 2019. 7 Roll call on the motion. 8 Mr. Bonacci? 9 CHAIRMAN BONACCI: Yes. 10 THE SECRETARY: Mr. Grullon? 11 VICE CHAIRMAN GRULLON: Yes. 12 THE SECRETARY: Mr. Pressey? 13 MR. PRESSEY: Yes. 14 THE SECRETARY: Mr. Medina? 15 MR. MEDINA: Yes. 16 THE SECRETARY: Four in favor. 17 Motion carries. 18 * * * 19 20 21 22 23 24 25  22 1 1117 Summer Avenue, LLC - 1117-19 Summit Avenue: 2 3 THE SECRETARY: All right. 4 Next application is 1117 Summer Avenue, 5 LLC, 1117-19 Summit Avenue. 6 Ms. Pereiras, please? 7 MS. PEREIRAS: Again, Bianca Pereiras, on 8 behalf of the applicant. 9 This is an application we had previously 10 submitted our jurisdictional proofs, and I 11 understand the Board needs to continue this 12 matter, as well. 13 MR. PANEQUE: Yes. 14 Ms. Pereiras, are you waiving, on behalf of 15 your client, the statutory time limits? 16 MS. PEREIRAS: Yes. 17 MR. PANEQUE: Thank you. 18 Is there a motion to adjourn this matter? 19 VICE CHAIRMAN GRULLON: Motion. 20 THE SECRETARY: Motion by Mr. Grullon. 21 Seconded by? 22 Mr. Bonacci. 23 Roll call on the motion to adjourn this 24 application for April 11, 2019. 25 No new notice required.  23 1 Mr. Bonacci? 2 CHAIRMAN BONACCI: Yes. 3 THE SECRETARY: Mr. Grullon? 4 VICE CHAIRMAN GRULLON: Yes. 5 THE SECRETARY: Mr. Pressey? 6 MR. PRESSEY: Yes. 7 THE SECRETARY: Mr. Medina? 8 MR. MEDINA: Yes. 9 THE SECRETARY: Four in favor. 10 Motion carries. 11 MS. PEREIRAS: Thank you. 12 * * * 13 14 15 16 17 18 19 20 21 22 23 24 25  24 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. Paneque, please? 7 MR. PANEQUE: Yes. 8 Board members, I have a letter from the 9 office of Adolfo Lopez, requesting that the 10 matter be carried, due to the fact that he needs 11 to have the revised architectural drawings 12 presented, and he had an issue with the witness. 13 The request is to be carried to the next 14 meeting, which would be April 11. 15 It would have had to have been carried 16 anyway, due to the fact that we only have four 17 members on the Board. 18 Is there a motion? 19 CHAIRMAN BONACCI: I’ll make a motion -- 20 THE SECRETARY: Motion by -- 21 CHAIRMAN BONACCI: -- to carry this to the 22 next meeting. 23 THE SECRETARY: -- Mr. Bonacci. 24 Seconded by? 25 MR. MEDINA: Second.  25 1 THE SECRETARY: Mr. Medina. 2 Roll call on the motion. 3 Mr. Bonacci? 4 CHAIRMAN BONACCI: Yes. 5 THE SECRETARY: Mr. Grullon? 6 VICE CHAIRMAN GRULLON: Yes. 7 THE SECRETARY: Mr. Pressey? 8 MR. PRESSEY: Yes. 9 THE SECRETARY: Mr. Medina? 10 MR. MEDINA: Yes. 11 THE SECRETARY: Four in favor. 12 Motion carries. 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25  26 1 Mardamer Builders - 546-548 35th Street: 2 Mardamer Builders - 547 36th Street: 3 Mardamer Builders - 545 41st Street: 4 5 THE SECRETARY: Application number five. 6 Mardamer Builder, 546-548 35th Street. 7 Mr. Paneque, please? 8 MR. PANEQUE: Mr. Vallejo, I’m going to ask 9 you to call five, six and seven, so I can place 10 on the record the -- 11 THE SECRETARY: Okay, Mr. -- 12 MR. PANEQUE: -- what we have. 13 THE SECRETARY: -- Mr. Paneque. 14 Number six. 15 Mardamer Builder, 547 36th Street. 16 And number seven. 17 Mardamer Builder, 545 41st Street. 18 Mr. Paneque, please? 19 MR. PANEQUE: Thank you. 20 Board members, I have a letter from Mr. 21 Lopez. He was the applicant’s attorney who was 22 here last month. 23 He had originally requested that the 24 matters be adjourned in order to consider going 25 from a three bedroom apartment into two bedroom  27 1 units. 2 However, as of yesterday, he sent in a 3 letter asking that the applications be withdrawn, 4 as his client decided to withdraw the 5 applications that are pending before this Board. 6 So, do we have a motion to withdraw 7 applications number five, six and seven? 8 THE SECRETARY: You don’t need a motion -- 9 VICE CHAIRMAN GRULLON: Motion. 10 MR. SPATZ: Yeah, you can to accept. Yeah, 11 you could do a motion to accept. 12 THE SECRETARY: Motion by -- 13 VICE CHAIRMAN GRULLON: Do we have to make 14 a -- do we have to vote on this? 15 MR. PANEQUE: Yeah. 16 THE SECRETARY: -- by Mr. Grullon to accept 17 the withdrawal. 18 Seconded by? 19 Mr. Bonacci. 20 Roll call on the motion to withdraw this 21 application; the application of the applicant’s 22 attorney. 23 Mr. Bonacci? 24 CHAIRMAN BONACCI: Yes. 25 THE SECRETARY: Mr. Grullon?  28 1 VICE CHAIRMAN GRULLON: Yes. 2 THE SECRETARY: Mr. Pressey? 3 MR. PRESSEY: Yes. 4 THE SECRETARY: Mr. Medina? 5 MR. MEDINA: Yes. 6 THE SECRETARY: For clarification on the 7 record, this -- is the three applications of 8 Mardamer Builder, that will be five, six and 9 seven. 10 Thank you. 11 Four in favor. 12 Motion carries. 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25  29 1 Calles - 519 11th Street – 519 11th Street, LLC: 2 3 THE SECRETARY: We are going to number 4 eight. 5 Calles, 518 (sic) -- 519 11th Street. 6 Ms. Pereiras, please? 7 (Whereupon, there was a pause in the 8 proceedings.) 9 MR. PANEQUE: For the record, I’ve been 10 provided by Ms. Pereiras with the following 11 documentation: 12 I have a certification as to publication 13 and service, in which Ms. Pereiras certifies that 14 notice of this application was provided to all 15 property owners within the 200 foot radius. 16 Application is for 519 11th Street, Union 17 City. 18 I also have the Affidavit of Publication 19 from The Jersey Journal, indicating that notice 20 was given for a hearing to take place on 21 Thursday, the 14th of March, at six p.m., at 3715 22 Palisade Avenue, with respect to the property at 23 519 11th Street. 24 This notice of publication was done on 25 March 2nd, 2019.  30 1 I also have been provided with the 2 certified mail receipts, with a postmark date of 3 March 4th. Right on the -- 4 MS. PEREIRAS: Right on time. 5 MR. PANEQUE: Right on time. 6 And as well as the green cards that have 7 come back to date. 8 I’ve also been provided with a copy of the 9 200 foot list, which are consisting of four 10 pages, with a date of February 26, 2019. 11 Based on the information that has been 12 provided, this Board does have jurisdiction to 13 proceed and hear this matter. 14 Ms. Pereiras, as you know, we do not have a 15 Board of five members tonight. The type of 16 application that you have requires a minimum five 17 member vote. 18 Therefore, I’m going to request that this 19 matter be adjourned and carried to the next 20 meeting. 21 Do you waive your statutory time limits 22 requirements? 23 MS. PEREIRAS: I do. 24 MR. PANEQUE: Okay. 25 Thank you.  31 1 Is there a motion on the floor? 2 CHAIRMAN BONACCI: I’ll make a motion. 3 THE SECRETARY: Motion by Mr. Bonacci. 4 VICE CHAIRMAN GRULLON: Second. 5 THE SECRETARY: Seconded by Mr. Grullon to 6 adjourn this application for April 11, 2019. 7 No new notice required. 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: Mr. Pressey? 14 MR. PRESSEY: Yes. 15 THE SECRETARY: Mr. Medina? 16 MR. MEDINA: Yes. 17 THE SECRETARY: Four in favor. 18 Motion carries. 19 (Whereupon, there was a pause in the 20 proceedings.) 21 * * * 22 23 24 25  32 1 527 39th Street - 527 39th Street, LLC: 2 3 THE SECRETARY: We are going to application 4 number nine. 5 527 39th Street. 6 Ms. Pereiras, please? 7 MR. PANEQUE: For the record, I’ve been 8 provided by Ms. Pereiras with the following 9 documentation: 10 I have a certification as to publication 11 and service, indicating that notice of tonight’s 12 hearing, with respect to the property at 527 39 th 13 Street, Union City, was sent out to all property 14 owners within the 200 foot radius, as well as 15 having been published in the local newspaper. 16 I have an Affidavit from The Jersey 17 Journal, with a date of March 2nd, 2019, which 18 indicates that with respect to the property at 19 527 39th Street, notice was given of tonight’s 20 hearing for March 14th at six p.m., at 3715 21 Palisade Avenue. 22 I’ve also been provided with a copy of the 23 certified mailing list, from the Union City Tax 24 Assessor, consisting of five pages, with a date 25 of February 28, as well as the certified mail  33 1 receipts with a date of March 4th, and the 2 postcards that have come back to date, as well as 3 the envelopes. 4 Based on the information provided, this 5 Board has jurisdiction to proceed and hear this 6 matter. 7 Ms. Pereiras, once again, as this Board 8 only has four members tonight and we need five 9 members to hear this application, I’m going to 10 request that the matter be adjourned to the next 11 meeting of April 11. 12 Do you waive your statutory time 13 requirements? 14 MS. PEREIRAS: Yes, we do. 15 MR. PANEQUE: Thank you. 16 Is there a motion on the floor? 17 CHAIRMAN BONACCI: I’ll make a motion. 18 THE SECRETARY: Motion by Mr. Bonacci to 19 adjourn this application for -- 20 VICE CHAIRMAN GRULLON: Second. 21 THE SECRETARY: -- April 11, 2019. 22 VICE CHAIRMAN GRULLON: Second. 23 THE SECRETARY: No new notice required. 24 Motion by Mr. Bonacci. 25 Seconded by Mr. Grullon.  34 1 Roll call on the motion. 2 Mr. Bonacci? 3 CHAIRMAN BONACCI: Yes. 4 THE SECRETARY: Mr. Grullon? 5 VICE CHAIRMAN GRULLON: Yes. 6 THE SECRETARY: Mr. Pressey? 7 MR. PRESSEY: Yes. 8 THE SECRETARY: Mr. Medina? 9 MR. MEDINA: Yes. 10 THE SECRETARY: Four in favor. 11 Motion pass. 12 (Whereupon, there was a pause in the 13 proceedings.) 14 * * * 15 16 17 18 19 20 21 22 23 24 25  35 1 1219 Bergenline Avenue, LLC – 2 1219 Bergenline Avenue: 3 4 THE SECRETARY: Next application on 5 tonight’s agenda is number 10. 6 1219 Bergenline Avenue, LLC. 7 Ms. Pereiras, please? 8 MR. PANEQUE: For the record, I’ve been 9 provided by Ms. Pereiras with the following 10 documentation with respect to the property at 11 1219 Bergenline Avenue. 12 I have a certification as to publication 13 and service, indicating that notice of tonight’s 14 hearing was given to all property owners within 15 the 200 foot radius of said property, as well as 16 having been published in the newspaper, The 17 Jersey Journal. 18 I have an Affidavit of Publication from The 19 Jersey Journal, indicating that notice was 20 published on March 4th, for the property at 1219 21 Bergenline Avenue, giving notice of tonight’s 22 meeting on March 14th, at six p.m., at 3715 23 Palisade Avenue. 24 I have also been provided with the 25 certified mail receipts, with a postmark date of  36 1 March 4th, as well as the 200 foot list from the 2 Tax Assessor’s Office in Union City, consisting 3 of four pages, with a date of February 28 th. 4 I’ve also been provided with the receipts 5 that have come back to date, and the envelopes 6 that have been returned unclaimed. 7 Based on the documentation that’s been 8 provided, this Board has jurisdiction to proceed 9 and hear this matter. 10 Ms. Pereiras, once again, we only have four 11 members, we need five in order to proceed and 12 hear this matter. 13 I’m going to request that the matter be 14 carried to the next meeting, which will be April 15 11. 16 Do you waive all statutory time 17 requirements? 18 MS. PEREIRAS: I do. 19 MR. PANEQUE: Thank you. 20 CHAIRMAN BONACCI: Make a motion. 21 THE SECRETARY: Motion to adjourn this 22 application for the April 11, 2019. 23 No new notice required. 24 Motion by Mr. Bonacci. 25 VICE CHAIRMAN GRULLON: Second.  37 1 THE SECRETARY: Seconded by Mr. Grullon. 2 Roll call on the motion. 3 Mr. Bonacci? 4 CHAIRMAN BONACCI: Yes. 5 THE SECRETARY: Mr. Grullon? 6 VICE CHAIRMAN GRULLON: Yes. 7 THE SECRETARY: Mr. Pressey? 8 MR. PRESSEY: Yes. 9 THE SECRETARY: Mr. Medina? 10 MR. MEDINA: Yes. 11 THE SECRETARY: Four in favor. 12 Motion pass. 13 (Whereupon, there was a pause in the 14 proceedings.) 15 * * * 16 17 18 19 20 21 22 23 24 25  38 1 Donna Jacobsen, 311 43rd Street: 2 3 THE SECRETARY: We are going to application 4 number 11. 5 Donna Jacobsen, 311 43rd Street. 6 Ms. Pereiras, please? 7 MR. PANEQUE: For the record, I’ve been 8 provided by Ms. Pereiras with the following 9 documentation: 10 I have a certification as to publication 11 and service, indicating that notice of tonight’s 12 hearing, with respect to the property at 311 43 rd 13 Street, was given to all property owners within 14 the 200 foot radius, as well as having been 15 published in the local paper. 16 I have an Affidavit from The Jersey 17 Journal, with respect to the property at 311 43 rd 18 Street, indicating that notice was published on 19 March 2nd, 2019, giving notice of tonight’s 20 meeting for March 14th, at six p.m., at 3715 21 Palisade Avenue, with respect to the property in 22 question. 23 I have the certified Tax Assessor’s 200 24 foot list, consisting of four pages, with a date 25 of February 26th, with respect to the property in  39 1 question. 2 And I also have a -- the certified mail 3 receipts with a date of -- postmark of March 4th, 4 2019, as well as the green cards that have come 5 back to date. 6 Based on the documentation provided by Ms. 7 Pereiras, this Board has jurisdiction to proceed 8 and hear this matter. 9 Ms. Pereiras, again, we only have four 10 members tonight, you need five members, minimum, 11 for this application to be heard. 12 I’m going to request that the matter be 13 adjourned to the next meeting. 14 Do you waive all statutory time 15 requirements? 16 MS. PEREIRAS: Of course. 17 MR. PANEQUE: Thank you. 18 THE SECRETARY: Motion to adjourn this 19 application? 20 CHAIRMAN BONACCI: I’ll make a motion. 21 THE SECRETARY: By Mr. Bonacci. 22 VICE CHAIRMAN GRULLON: Second. 23 THE SECRETARY: Bonacci. 24 Seconded by Mr. Grullon. 25 Roll call on the motion.  40 1 Mr. Bonacci? 2 CHAIRMAN BONACCI: Yes. 3 THE SECRETARY: Mr. Grullon? 4 VICE CHAIRMAN GRULLON: Yes. 5 THE SECRETARY: Mr. Pressey? 6 MR. PRESSEY: Yes. 7 THE SECRETARY: Mr. Medina? 8 MR. MEDINA: Yes. 9 THE SECRETARY: Four in favor. 10 Motion carries. 11 (Whereupon, there was a pause in the 12 proceedings.) 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25  41 1 S&R Realty Group, LLC - 146-148 49th Street: 2 3 THE SECRETARY: We are going to application 4 number 12. 5 S and R Realty Group, LLC, 146-148 49th 6 Street. 7 Ms. Pereiras, please? 8 MR. PANEQUE: For the record, I’ve been 9 provided by Ms. Pereiras with the following 10 documentation: 11 I have a certification as to publication 12 and service, signed by Ms. Pereiras, indicating 13 that notice of tonight’s hearing with respect to 14 the property at 146-148 49th Street, Union City, 15 New Jersey, was provided to all property owners 16 within the 200 foot radius, as well as having 17 been published in the local newspaper, The Jersey 18 Journal. 19 I’ve also been provided with an Affidavit 20 of Publication from The Jersey Journal, 21 indicating that notice was published on March 4 th, 22 2019, with respect to the property at 146-148 49th 23 Street, Union City, New Jersey, giving notice of 24 tonight’s hearing for Thursday, March 14 th, 2019, 25 at six p.m., at the location of 3715 Palisade  42 1 Avenue. 2 I’ve also been provided with the 200 foot 3 list, consisting of three pages, with a date of 4 March 1st, 2019. 5 I’ve also been provided with the certified 6 mail receipts, with a postmark date of March 4, 7 2019, and the green cards that have come back to 8 date, as well as the envelopes. 9 Based on the documentation provided by Ms. 10 Pereiras, this Board has jurisdiction to proceed 11 and hear this matter. 12 Again, Ms. Pereiras, I sound like a broken 13 record, but we have only four members tonight, 14 you need five members to be able to hear this 15 matter. 16 I’m going to request that the matter be 17 carried until the April 11th meeting. 18 And do you waive the statutory time 19 requirements? 20 MS. PEREIRAS: I do. 21 MR. PANEQUE: Thank you. 22 Is there a motion on the floor? 23 CHAIRMAN BONACCI: I’ll make a motion. 24 THE SECRETARY: Motion by Mr. -- Mr. 25 Bonacci.  43 1 Any second on the motion? 2 VICE CHAIRMAN GRULLON: Second. 3 Second. 4 THE SECRETARY: Second by Mr. Grullon. 5 Roll call on the motion. 6 Mr. Bonacci? 7 CHAIRMAN BONACCI: Yes. 8 THE SECRETARY: Mr. Grullon? 9 VICE CHAIRMAN GRULLON: Yes. 10 THE SECRETARY: Mr. Pressey? 11 MR. PRESSEY: Yes. 12 THE SECRETARY: Mr. Medina? 13 MR. MEDINA: Yes. 14 THE SECRETARY: Four in favor. 15 Motion carried. 16 No new notice required. 17 This application has been adjourned for 18 April 11, 2019. 19 MS. PEREIRAS: Thank you, all. 20 THE SECRETARY: Thank you. 21 MS. PEREIRAS: I’ll see you next month. 22 CHAIRMAN BONACCI: Sorry about all that. 23 MS. PEREIRAS: That’s okay. I understand. 24 It happens. 25 * * *  44 1 OTHER BUSINESS: 2 3 MR. PRICE: Could I make a comment? 4 MR. PANEQUE: Yes. Step up, Mr. Price. 5 MR. PRICE: I not only attend this meeting 6 and the Planning Board, but also the Board of 7 Commissioner meeting and I make -- you know, I 8 spread the hate and discontent everywhere. 9 I have made comment at the Board of 10 Commissioners meeting about the manning on this 11 Board, or the lack of manning on this Board. 12 And the only impact I think I’ve had so far 13 is that Mr. Medina and Mr. Bonacci, who were 14 previously alternate members are now, as of last 15 Tuesday, regular members of the Board. 16 It was particularly tacky to have the 17 Chairman being an alternate. There are 18 complications with that. 19 Okay. 20 Anyway, the Board is shorthanded. And 21 that’s going to create problem -- anyway, I’ve 22 suggested to the Mayor that he find some bodies 23 and put them in here, because you got four 24 alternate slots that are empty. All of them 25 could be --  45 1 And he seemed concerned, but as you can 2 see, nothing has happened so far. And my 3 relations with the Mayor are -- whatever, vary. 4 And you might want to -- you know, try a little 5 -- because there are two problems. One is just a 6 practical problem. 7 You -- you’ve adjourned eight items for 8 tonight. Now, on April 11th -- 9 CHAIRMAN BONACCI: Yeah. We’re going to be 10 loaded. 11 MR. PRICE: Yeah. You’re going to be 12 overloaded -- 13 CHAIRMAN BONACCI: Right. 14 MR. PRICE: -- is the truth. 15 The second one, which is a legal problem, 16 under the law, you have 120 days to reach a 17 decision. 18 Now, Ms. Pereiras was nice enough to waive 19 those -- whatever, but the next guy up could say 20 no, I don't waive; you got 120 days and act, or I 21 have automatic approval. 22 And that will -- you know, and by the -- 23 surprisingly enough, the judges in the Law 24 Division in Hudson County kind of have odd 25 reactions, but they seem to be very open to  46 1 automatic approval. You know, as one of the case 2 law cases said -- you know, a Board can approve, 3 a Board can deny, but a Board can’t delay. And 4 that’s -- you know, the whatever. 5 So, you might want to -- maybe one of you 6 has a little more pull with the Mayor than I do, 7 and you might want to use it because there is a 8 problem and it should -- should be addressed. 9 MR. PRESSEY: Thank you. 10 CHAIRMAN BONACCI: Thanks, Mr. Price. 11 VICE CHAIRMAN GRULLON: Thank you, Mr. 12 Price. 13 CHAIRMAN BONACCI: We’re going to work -- 14 MR. PRICE: And I’ll keep nagging the 15 Mayor, in any case, so -- 16 CHAIRMAN BONACCI: Thanks for your help. 17 * * * 18 19 20 21 22 23 24 25  47 1 ADJOURNMENT: 2 3 THE SECRETARY: There being no other 4 application -- 5 MR. PRICE: See -- 6 THE SECRETARY: -- on tonight’s agenda, can 7 I have a motion to close tonight’s meeting? 8 Motion by Mr. Pressey. 9 Second by? 10 Mr. Bonacci. 11 All in favor, say aye. 12 13 (Whereupon, there was a chorus of ayes.) 14 15 THE SECRETARY: The ayes have it. 16 Motion pass. 17 Let the record show that the meeting has 18 ended. 19 Thank you. 20 Good night, everyone. 21 22 (Whereupon, the proceedings were concluded 23 at 6:50 p.m.) 24 25  48 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, March 14, 2019 and 10 digitally recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Monitored by: Kevin Dillon, Jr. 25 Proofread by: Deborah Dillon