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, November 14, 2019 Commencing at 6:01 p.m. M E M B E R S P R E S E N T: MARGARITA GUTIERREZ JOHN MEDINA MIGUEL ORTIZ, (Arrived at 6:20 p.m.) DAVID W. PRESSEY ROSIO PENA, Alternate No. 1, (Arrived at 6:22 p.m.) GERALDINE PEREZ, Alternate No. 2 RAYMOND CETINICH, Alternate No. 3 VICTOR M. GRULLON, Vice Chairman JOSEPH D. BONACCI, Chairman M E M B E R S A B S E N T: LIBERO MAROTTA MINDRY WATLEY, Alternate No. 4 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: J. ALVARO ALONSO, ESQ., Attorney for Applicant, 1015 West Street, LLC J. ALVARO ALONSO, ESQ., Attorney for Applicant, Roberto Rodriguez J. ALVARO ALONSO, ESQ., Attorney for Applicant, Jose and Maribel Jorge BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, Shannon Guy Errico CHRISTIAN R. DIAZ, ESQ., Attorney for Applicant, Angel Denis  3 I N D E X PAGE CALL TO ORDER 7 SALUTE TO FLAG 7 ROLL CALL 8 APPROVAL OF PREVIOUS MEETING MINUTES 10 RESOLUTIONS 81 HEARINGS The Residences at New York Avenue, LLC 12 1015 West Street, LLC 15 Roberto Rodriguez 20/43 Jose and Maribel Jorge 22 Shannon Guy Errico 47 Angel Denis 64 ADJOURNMENT 84  4 I N D E X Jose and Maribel Jorge - 4103 Palisade Avenue WITNESS PAGE Alexander Ovejas 24 SWORN PUBLIC Larry Price 37  5 I N D E X Shannon Guy Errico - 110 42nd Street WITNESS PAGE Orestes Valella 49  6 I N D E X Angel Denis - 542 40th Street WITNESS PAGE Orestes Valella 66  7 1 THE SECRETARY: May I have your attention, 2 please? 3 Please take notice that on Thursday, 4 November 14, 2019, at six p.m., a Regular Meeting 5 is scheduled for the City of Union City Zoning 6 Board of Adjustment, to be held in the Municipal 7 Chamber, located on the Second Floor, 3715 8 Palisade Avenue, Union City, New Jersey. 9 Notice of this meeting has been provided as 10 follow: 11 Notice of this meeting setting forth the 12 time, date, location, the agenda, to the extent 13 known, was forwarded to The Jersey Journal, to 14 The Record, and to The Hudson Reporter, has been 15 posted on the bulletin board in City Hall, and 16 has been made -- made available to the public in 17 the Office of Municipal Clerk. 18 Can everybody kindly rise to salute the 19 flag, please? 20 21 (Whereupon, the Pledge of Allegiance was 22 said by all.) 23 24 THE SECRETARY: Thank you. 25  8 1 ROLL CALL: 2 3 THE SECRETARY: Roll call for tonight’s 4 meeting. 5 Joseph Bonacci? 6 CHAIRMAN BONACCI: Here. 7 THE SECRETARY: Victor Grullon? 8 VICE CHAIRMAN GRULLON: Here. 9 THE SECRETARY: Libero Marotta is absent. 10 Margarita –- 11 Margarita Gutierrez? 12 MS. GUTIERREZ: Here. 13 THE SECRETARY: Miguel Ortiz is absent. 14 David Pressey? 15 MR. PRESSEY: Here. 16 THE SECRETARY: John Medina? 17 MR. MEDINA: Here. 18 THE SECRETARY: Rosa Pena is absent. 19 Geraldine Perez? 20 MS. PEREZ: Here. 21 THE SECRETARY: Raymond Cetinich? 22 MR. CETINICH: Here. 23 THE SECRETARY: Mindry Watley is absent. 24 Let the record indicate there are seven 25 present.  9 1 So, we have a full quorum for tonight’s 2 meeting. 3 * * * 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  10 1 ADOPTION OF MINUTES: 2 3 ( 1) Regular Meeting held on October 10, 2019 4 5 THE SECRETARY: Approval of previous 6 meeting minutes from October 10, 2019. 7 Can I have a motion? 8 VICE CHAIRMAN GRULLON: Motion. 9 THE SECRETARY: Motion by Mr. Grullon. 10 MS. GUTIERREZ: Second. 11 THE SECRETARY: Seconded by Ms. Gutierrez. 12 Roll call on the motion. 13 Mr. Bonacci? 14 CHAIRMAN BONACCI: Yes. 15 THE SECRETARY: Mr. Grullon? 16 VICE CHAIRMAN GRULLON: Yes. 17 THE SECRETARY: Ms. Gutierrez? 18 MS. GUTIERREZ: Yes. 19 THE SECRETARY: Mr. Pressey? 20 MR. PRESSEY: Yes. 21 THE SECRETARY: Mr. Medina? 22 MR. MEDINA: Yes. 23 THE SECRETARY: Mrs. Perez? 24 MS. PEREZ: Yes. 25 THE SECRETARY: Mr. Cetinich?  11 1 MR. CETINICH: Yes. 2 THE SECRETARY: Seven in favor. 3 Motion carries. 4 * * * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  12 1 The Residences at New York Avenue, LLC – 2 1211 New York Avenue: 3 4 THE SECRETARY: Hearings and applications. 5 Number 1. 6 The Residence of -- at New York Avenue, 7 LLC, 1211 New York Avenue. 8 Mr. Paneque, please? 9 There’s a letter in your folder from Mr. 10 Mulkay. 11 MR. PANEQUE: For the record, I’ve been 12 provided with a letter from the office of Mulkay 13 and Rendo, with a date of November 12, with 14 respect to the application for The Residence at 15 New York Avenue, property address 1211 New York 16 Avenue, Union City, New Jersey. 17 It states: 18 “Dear Mr. Vallejo: 19 “This will confirm that the above meeting 20 scheduled in the above application for Thursday, 21 November 14, has now been rescheduled for 22 Thursday, December 12, 2019 at six p.m. 23 “If you have any questions, please do not 24 hesitate to contact our office.” 25 Is there a reason stated for the  13 1 adjournment request? 2 THE SECRETARY: They was supposed to submit 3 revised plans and they never sent it. 4 MR. PANEQUE: Okay. 5 Mr. Chairman, it appears that the applicant 6 did not get in the revised plans within the ten 7 day period, required by statute. They’re 8 requesting that the matter be carried now to the 9 December 12 meeting. 10 Is there an application on the floor? 11 CHAIRMAN BONACCI: I don't mind giving them 12 till next month to bring the revised plans. He’s 13 been here a couple months with the same 14 application, so it will be nice to just get the 15 plans in. 16 MS. GUTIERREZ: Um hum. 17 VICE CHAIRMAN GRULLON: I agree, assuming 18 we get the revised plans. 19 MS. GUTIERREZ: Um hum. 20 CHAIRMAN BONACCI: I make a motion to 21 adjourn it till next meeting, December. 22 THE SECRETARY: Motion on the table to 23 adjourn this application for December 12, 2019 by 24 Mr. Bonacci. 25 Any second the motion?  14 1 MS. GUTIERREZ: Second. 2 THE SECRETARY: Second by Ms. Gutierrez. 3 Roll call on the motion to adjourn this 4 application to December 12, 2019. 5 Mr. Bonacci? 6 CHAIRMAN BONACCI: Yes. 7 THE SECRETARY: Mr. Grullon? 8 VICE CHAIRMAN GRULLON: Yes. 9 THE SECRETARY: Ms. Gutierrez? 10 MS. GUTIERREZ: Yes. 11 THE SECRETARY: Mr. Pressey? 12 MR. PRESSEY: Yes. 13 THE SECRETARY: Mr. Medina? 14 MR. MEDINA: Yes. 15 THE SECRETARY: Ms. Perez? 16 MS. PEREZ: Yes. 17 THE SECRETARY: Mr. Cetinich? 18 MR. CETINICH: Yes. 19 THE SECRETARY: Seven in favor. 20 Motion carries. 21 * * * 22 23 24 25  15 1 1015 West Street, LLC - 601 11th Street: 2 3 THE SECRETARY: We are going to item number 4 2. 5 1015 West Street, LLC, 601 11 Street. 6 Mr. Paneque, please? 7 MR. PANEQUE: This is an application by Mr. 8 Alonso, who is here. 9 Mr. Alonso? 10 MR. ALONSO: Yes. 11 MR. PANEQUE: You have requested that this 12 matter be carried. 13 MR. ALONSO: Correct. That one is -- 14 MR. PANEQUE: This is 1015 West Street. 15 THE SECRETARY: 601 11. 16 MR. ALONSO: That's correct. 17 Two reasons. 18 Number one, the Board had indicated, at the 19 last hearing, that they wanted to do a site 20 visit. 21 So, I don't know -- I never heard whether 22 or not a site visit was actually conducted. 23 CHAIRMAN BONACCI: Do you have a card or 24 something, so that we can contact you, if that 25 ever happens again, to let you know.  16 1 MR. ALONSO: Actually -- actually, I don't 2 have one on me. 3 CHAIRMAN BONACCI: That’s all right. 4 Later, after. 5 MR. ALONSO: Yeah. 6 CHAIRMAN BONACCI: I went past the 7 property. I didn’t get to do as much as I would 8 like to have done, investigating. 9 I don't know if, Victor, if you got a 10 chance to go, too? We were going to go together. 11 I passed it. You know, just driving around the 12 area. 13 And that’s -- that’s the reason we’re 14 adjourning it, or is there -- 15 MR. ALONSO: Well, that was one. 16 The second reason is based on that 17 inspection, we were determining as to whether or 18 not the revisions that were being discussed were 19 actually going to be incorporated into revised 20 plans or not. 21 CHAIRMAN BONACCI: Yeah. 22 You know, Mr. Grullon and I, we’re going to 23 have to get -- you know, a little bit more 24 acquainted with the -- and then, maybe we can get 25 you --  17 1 MR. ALONSO: And you can reach out -- 2 CHAIRMAN BONACCI: Yeah. 3 MR. ALONSO: -- either to Mr. Paneque and I 4 can make -- 5 CHAIRMAN BONACCI: Is that okay? 6 MR. ALONSO: -- the property accessible -- 7 CHAIRMAN BONACCI: All right. 8 MR. ALONSO: -- if you want to get inside. 9 CHAIRMAN BONACCI: That -- is that okay 10 with you? 11 MR. PANEQUE: That’s fine. If you reach 12 out to me, I have Mr. Alonso’s -- 13 CHAIRMAN BONACCI: All right. 14 MR. PANEQUE: -- number and I can reach out 15 to him. 16 MR. ALONSO: Yeah. 17 MR. PANEQUE: And we’ll get it -- 18 CHAIRMAN BONACCI: Sorry about dropping the 19 ball a little bit. 20 MR. ALONSO: That’s all right. 21 CHAIRMAN BONACCI: And we’ll communicate. 22 Yeah. 23 MR. PANEQUE: Mr. Alonso, if you want to 24 just give him your office number? 25 MR. ALONSO: Sure.  18 1 MR. PANEQUE: And then, they can contact 2 your office. It’s probably easier, since you 3 have someone on staff there during working hours 4 -- 5 MR. ALONSO: Almost 24 hours a day, if you 6 ask her. She works hard. 7 MR. PANEQUE: Let’s hear -- 8 MR. ALONSO: It’s 201-295-9977. 9 CHAIRMAN BONACCI: Okay. 10 MR. ALONSO: We have caller ID, so if Mr. 11 Price wants to make crank calls. 12 CHAIRMAN BONACCI: Okay. 13 We’ll touch base and see if we can get this 14 wrapped up for December. 15 MR. ALONSO: Thank you. 16 CHAIRMAN BONACCI: All right. 17 MR. PANEQUE: Is there an application on 18 the floor? 19 CHAIRMAN BONACCI: It’s a motion. 20 MR. PANEQUE: Motion. 21 CHAIRMAN BONACCI: Make a motion to carry 22 this over until December’s meeting. 23 THE SECRETARY: December 12, 2019. 24 Motion by Mr. Bonacci. 25 VICE CHAIRMAN GRULLON: Second.  19 1 THE SECRETARY: Second by Mr. Grullon. 2 Roll call on the motion to adjourn this 3 application for December 12, 2019. 4 Mr. Bonacci? 5 CHAIRMAN BONACCI: Yes. 6 THE SECRETARY: Mr. Grullon? 7 VICE CHAIRMAN GRULLON: Yes. 8 THE SECRETARY: Ms. Gutierrez? 9 MS. GUTIERREZ: Yes. 10 THE SECRETARY: Mr. Pressey? 11 MR. PRESSEY: Yes. 12 THE SECRETARY: Mr. Medina? 13 MR. MEDINA: Yes. 14 THE SECRETARY: Ms. Perez? 15 MS. PEREIRAS: Yes. 16 THE SECRETARY: Mr. Cetinich? 17 MR. CETINICH: Yes. 18 THE SECRETARY: Seven in favor. 19 Motion carries. 20 * * * 21 22 23 24 25  20 1 Roberto Rodriguez - 1711 Manhattan Avenue: 2 3 THE SECRETARY: Item number 3 of the 4 agenda. 5 Roberto Rodriguez. 6 1711 Manhattan Avenue. 7 VICE CHAIRMAN GRULLON: Bless you. 8 MS. GUTIERREZ: Bless you. 9 THE SECRETARY: Mr. Alonso, please? 10 MR. ALONSO: Good evening, members of the 11 Board. 12 For the record, Alvaro Alonso, Alonso 13 Navarette, on behalf of the applicant. 14 Notices were previously submitted for this 15 application and this matter has been carried to 16 today. No testimony has been presented, so today 17 will be the first day of testimony. 18 (Whereupon, there was a pause in the 19 proceedings.) 20 MR. ALONSO: I have two witnesses this 21 evening. 22 I have Mr. Valella, who is our architect. 23 I also have Mr. McDonough, who’s coming in as our 24 planner. I don't see him yet, so hopefully, I 25 just texted him and he’ll -- he’ll get here by  21 1 the time we -- we’re ready for him. 2 MR. VALELLA: You want do something else? 3 MR. ALONSO: No. If you want, we could 4 start with this one, or if you’d like we could do 5 the next one, which is also mine. I don't have a 6 planner on that one, just an architect. 7 CHAIRMAN BONACCI: I don't mind shifting 8 around. Whatever’s easier for you. 9 MR. PANEQUE: On the second one, on the 10 next one, you don’t have a planner? 11 MR. ALONSO: No. 12 MR. PANEQUE: It’s just the architect. 13 MR. ALONSO: There’s no D variances. 14 MR. PANEQUE: Why don’t we do that? 15 MR. ALONSO: Okay. 16 MR. PANEQUE: Then let’s do number 4. 17 MR. ALONSO: Okay. 18 MR. PANEQUE: I’d like that we don’t do it 19 in piecemeal. 20 MR. ALONSO: That’s fine. 21 MR. PANEQUE: And then -- 22 * * * 23 24 25  22 1 Jose and Maribel Jorge - 4103 Palisade Avenue: 2 3 THE SECRETARY: We are going to change a 4 little -- what we are going to? 5 Number 5? 6 MR. PANEQUE: We’re going to number 4. 7 THE SECRETARY: Number 4? 8 MR. PANEQUE: Yeah. That would be -- 9 THE SECRETARY: Right. Let me -- let me 10 call that. 11 Jose and Maribel Jorge. 12 MR. SPATZ: Right. 13 THE SECRETARY: 4103 Palisade Avenue. 14 (Whereupon, there was a pause in the 15 proceedings.) 16 MR. PANEQUE: You got any green cards back 17 or no? 18 MR. ALONSO: No, we don’t do the green 19 cards anymore. 20 MR. PANEQUE: No? 21 Okay. 22 (Whereupon, there was a pause in the 23 proceedings.) 24 MR. PANEQUE: For the record, I’ve been 25 provided by Mr. Alonso with the following  23 1 documentation: 2 I have an Affidavit of Publication and 3 notices, indicating that notices of tonight’s 4 hearing were sent to all property owners within 5 the 200 foot radius of 3103 (sic) Palisade Avenue 6 on November 2nd, 2019. 7 Said Affidavit is signed by Mr. Alonso, 8 notarized by a member of his staff. 9 I’ve also been provided with a copy of the 10 notice of publication in The Jersey Journal 11 indicating that notice with respect to the 12 property at 4103 Palisade Avenue was published on 13 The Jersey Journal publication on November 2nd, 14 2019, giving notice of tonight’s hearing, 15 November 14th, at six p.m., in City Hall, 3715 16 Palisade Avenue. 17 I’ve also been provided with a copy of the 18 notice that has been sent to all property owners, 19 as well as the 200 foot tax list, that was 20 provided by the Union City Tax Assessor’s Office, 21 which has a date of October 24 th, 2019. 22 The last item I’ve been provided with is 23 the certified mail receipts, which have a 24 postmark stamp date of November 2nd, 2019. 25 Based on the documentation that’s been  24 1 provided by Mr. Alonso, I note that this Board 2 has jurisdiction to proceed and hear this matter. 3 MR. ALONSO: Thank you. 4 MR. PANEQUE: Thank you, sir. 5 MR. ALONSO: Good evening, members of the 6 Board. 7 This is an application for the construction 8 of a new two family house. We are located in the 9 R zone, so the -- the use as a two family house 10 is permitted. 11 We need a series of bulk variances or C 12 variances, which the architect will identify 13 during his presentation. We do not need any D 14 variances. It is a permitted use. 15 With that said, I’m going to have the 16 architect sworn in, and we’ll qualify him in the 17 area of architecture. 18 MS. DILLON: Sir, please raise your right 19 hand. 20 Do you affirm the testimony you’re about to 21 give this Board is the whole truth? 22 MR. OVEJAS: Yes. 23 MS. DILLON: Could you please state your 24 name and spell it for the record? 25 MR. OVEJAS: Alexander Ovejas,  25 1 A-L-E-X-A-N-D-E-R, O-V-E-J-A-S. 2 MS. DILLON: Thank you. 3 MR. ALONSO: Mr. Ovejas, can you please 4 review your professional qualifications in the 5 field of architecture? 6 You can put your hand down. 7 MR. OVEJAS: Okay. 8 Yeah, so, I’m an architect here in New 9 Jersey; a licensed architect here in New Jersey. 10 And I’ve been licensed for almost ten years. 11 I have testified in this city before. 12 CHAIRMAN BONACCI: You’ve testified before 13 this Board? 14 MR. OVEJAS: Yes. 15 CHAIRMAN BONACCI: Okay. 16 And you’re going to provide testimony for 17 the architecture? 18 MR. OVEJAS: That's correct. 19 CHAIRMAN BONACCI: Okay. 20 Thanks. 21 We accept your qualifications. 22 MR. ALONSO: Thank you very -- very much. 23 Mr. Ovejas, do you have the plans that we 24 want to present to the Board? 25 MR. OVEJAS: Yes.  26 1 And I apologize, I don't have the tripod, 2 but -- 3 MR. ALONSO: Okay. We -- 4 MR. OVEJAS: -- I can hold them. 5 MR. ALONSO: You can just put it up here, 6 if you want. 7 So, I’m just going to ask you to -- to 8 review the -- the proposal with the Board. 9 MR. OVEJAS: Okay. 10 MR. ALONSO: Identifying the site, the 11 characteristics of the lot and the proposal. 12 MR. OVEJAS: Yeah. So, the property is 13 located obviously 4103 Palisades Avenue. 14 Let’s start with the exterior of the 15 building. 16 So, the proposed two family house, exterior 17 finishes are made out of stucco partially, and 18 then partial siding at the rear side of the 19 building. 20 As mentioned, it’s a two family house. So, 21 the first unit actually occupies the second floor 22 and half of the third floor. And the second unit 23 is occupied by half of the third floor and full 24 the fourth floor. 25 So, that’s one of the C variance we’re  27 1 applying. It’s -- I believe it’s 40 feet and 2 three stories. And we are 40 feet and four 3 stories. 4 So, the first unit, obviously that’s 5 beautiful residential unit we have. We have 6 living room, coming off from the grade, we go up 7 on the stairs, concrete stairs with metal railing 8 going up on the living/dining room. And then, 9 you can access a bedroom right on the second 10 floor. 11 The stairs going up on partial third floor, 12 where we can access two bedrooms. That’s unit 13 one. 14 Unit two can be accessed directly, again, 15 from the balcony off of the concrete stairs on 16 the grade, and all the way up on the third floor, 17 half -- half of the third floor will be a living 18 space, which consists of living room and dining 19 room, kitchen. And then, a stairs going up for 20 the full fourth floor, with three bedrooms, as 21 well. 22 We are providing two means of egress; one 23 in the front and then one in the rear of the 24 building, which can be accessed by both -- by 25 both units.  28 1 Another part of the C variance is the -- 2 the lot size, which is -- the required is 2500, 3 we’re proposing 20 -- 21 -- 2160. 4 And that’s about it. 5 MR. ALONSO: Okay. 6 You identified the height variance, you 7 identified the lot area variance. We also need a 8 lot width variance. 9 Is that correct? 10 MR. OVEJAS: Yes, that's correct. 11 So, the required will be two feet and three 12 feet, we’re only providing two feet and one foot 13 seven, currently. But the current building now 14 that is to be demolished is actually attached to 15 one of the structures. So, we’re actually making 16 -- making it better. 17 MR. ALONSO: Okay. 18 And what about the side yards? Do we 19 comply with the side yards? 20 MR. OVEJAS: The side yards? Yeah. That’s 21 basically what I was discussing -- 22 MR. ALONSO: I know but what -- 23 MR. OVEJAS: -- the side yards. 24 MR. ALONSO: -- what are the requirements 25 and what are we proposing?  29 1 MR. OVEJAS: The side yards is two and 2 three, two feet and three feet. And we’re 3 providing two feet and a foot seven. So, we’re 4 applying for a variance for that obviously. 5 MR. ALONSO: So, we need a variance. Are 6 there any other variances -- 7 MR. ORTIZ: Good evening. 8 9 (Whereupon, Miguel Ortiz arrived at 6:20 10 p.m.) 11 12 MR. ALONSO: -- we need for the -- the bulk 13 requirements, other than what you just testified 14 to? 15 MR. OVEJAS: The rear yard, we’re provide 16 -- we’re requesting variance also. 17 THE SECRETARY: Allow me one second -- 18 MR. OVEJAS: The required would be 25 -- 19 THE SECRETARY: -- Mr. Alonso? 20 Let’s -- let the record reflect that Mr. 21 Ortiz joined the meeting. 22 Thank you. 23 MR. ALONSO: Thank you. 24 MR. OVEJAS: Should I proceed? 25 MR. ALONSO: Yeah.  30 1 MR. OVEJAS: All right. 2 So, for the rear yard, also we’ll be 3 applying for a C variance, where 25 percent of 4 lot depth or 25 feet, we’re providing ten feet 5 only. 6 MR. ALONSO: Are there any other C 7 variances that are being requested? 8 MR. OVEJAS: I believe that’s about it. 9 MR. ALONSO: Okay. 10 Is there any proposed parking on the site? 11 MR. OVEJAS: Yes. There’s a four parking 12 provided, four car parking provided for the -- 13 for the building. 14 MR. ALONSO: Okay. 15 And the requirement is four parking spaces? 16 MR. OVEJAS: That is correct. 17 MR. ALONSO: Okay. 18 MR. OVEJAS: Yes. 19 MR. ALONSO: So we do not need a parking 20 variance. 21 Is there anything else that you need to add 22 to your testimony with respect to the 23 architecture? 24 MR. OVEJAS: The only thing I would like to 25 add is due to the limited space of the property,  31 1 the four car garage will be a tandem, two tandem, 2 which can only accommodate compact cars. So -- 3 CHAIRMAN BONACCI: No trucks and stuff like 4 that. 5 MR. OVEJAS: Yes. 6 CHAIRMAN BONACCI: Okay. 7 Four car garage, tandem. So, it would be 8 like two and two. 9 MR. OVEJAS: Two and two. 10 CHAIRMAN BONACCI: Mr. Alonso, do you have 11 any other testimonies or is it just the 12 architect? 13 MR. ALONSO: It’s just the architect. 14 CHAIRMAN BONACCI: Okay. 15 Just let me -- so, he’ll answer all 16 questions about the application? 17 MR. ALONSO: In terms of architecture. 18 CHAIRMAN BONACCI: Okay. 19 And you can handle the rest? 20 MR. ALONSO: No. There is -- if the Board 21 requires a planner, then I could bring a planner, 22 we’d request an adjournment for that, for 23 purposes, and bring a planner at the next 24 meeting. 25 CHAIRMAN BONACCI: Just a couple of easy  32 1 ones for you, sir. 2 So, how many units in total are we talking 3 about? 4 MR. OVEJAS: Two units. 5 CHAIRMAN BONACCI: Just two units? 6 MR. OVEJAS: Yes. 7 CHAIRMAN BONACCI: For the whole building? 8 MR. OVEJAS: Correct. 9 CHAIRMAN BONACCI: Four stories and only 10 two units? 11 MR. OVEJAS: Yes. The first floor will be 12 the garage, and half of it will be a laundry room 13 for -- that will be used for the -- both 14 occupants. 15 CHAIRMAN BONACCI: Okay. 16 MR. OVEJAS: Each unit has three bedrooms. 17 CHAIRMAN BONACCI: Okay. That’s first 18 floor. 19 MR. ALONSO: No. It’s -- it’s kind of like 20 a split level. 21 CHAIRMAN BONACCI: Okay. 22 MR. OVEJAS: Yes. 23 MR. ALONSO: So, it’s both unit’s are split 24 level, so you have one -- 25  33 1 (Whereupon, Rosio Pena arrived at 6:22 2 p.m.) 3 4 MR. ALONSO: Unit one is on the first floor 5 -- I’m sorry -- second floor and partially on the 6 third. And unit two is part of the third and the 7 fourth. 8 CHAIRMAN BONACCI: Okay. 9 So, how many are two bedrooms, how many are 10 three? They’re all three? 11 MR. OVEJAS: Both are three bedrooms. 12 CHAIRMAN BONACCI: Okay. 13 Both three. So, that’s six total units. 14 MR. ALONSO: No, six -- 15 MR. OVEJAS: No. 16 MR. ALONSO: -- bedrooms. 17 MR. OVEJAS: Three bedroom. 18 CHAIRMAN BONACCI: Oh, six bedrooms. 19 Gotcha. 20 MR. OVEJAS: Six bedrooms. 21 THE SECRETARY: Mr. Bonacci, allow me one 22 second, please. 23 CHAIRMAN BONACCI: Sure. 24 THE SECRETARY: Let the record indicate 25 that Rosio Pena joined the meeting.  34 1 Thank you. 2 Go ahead. 3 CHAIRMAN BONACCI: So, with six bedrooms, 4 you’re only required to have the four parking 5 spaces? 6 MR. OVEJAS: Yes. 7 MR. ALONSO: Correct. 8 CHAIRMAN BONACCI: So, you guys don’t need 9 a -- a variance for that. 10 MR. ALONSO: Correct. 11 MR. OVEJAS: Correct. 12 CHAIRMAN BONACCI: Okay. 13 And then, there was an issue with the 14 impervious coverage. It wasn’t calculated. 15 Can you give any testimony with the -- 16 MR. OVEJAS: Oh, the -- 17 CHAIRMAN BONACCI: -- impervious? 18 MR. OVEJAS: -- impervious coverage, 19 actually it’s listed here. 20 Building coverage, it’s required 60 percent 21 and we’re providing 57. So, not applying for a 22 variance there. 23 CHAIRMAN BONACCI: Okay. 24 Fifty-seven percent impervious coverage. 25 MR. OVEJAS: Correct.  35 1 CHAIRMAN BONACCI: Just give me one sec to 2 talk to -- 3 MR. ALONSO: Sure. 4 CHAIRMAN BONACCI: -- Tomas. 5 (Whereupon, there was a pause in the 6 proceedings.) 7 CHAIRMAN BONACCI: What’s the use 8 currently? 9 MR. ALONSO: The use is -- 10 MR. OVEJAS: The use -- 11 MR. ALONSO: Is it -- is it one family or a 12 two family currently? 13 MR. OVEJAS: I think it’s a one family. 14 I’m not -- 15 CHAIRMAN BONACCI: Okay. 16 Can you give any testimony with regards to 17 safety standards? I know you gave a little bit. 18 Can -- can you give any more? 19 MR. OVEJAS: Safety standards, as 20 mentioned, we are providing two means of egress; 21 one in the front and one in the rear, which can 22 be accessed by both units. 23 CHAIRMAN BONACCI: Okay. 24 So, you could testify that it’s a safe 25 building to live in, in the event of an  36 1 emergency. 2 MR. OVEJAS: That is correct. And all the 3 -- 4 CHAIRMAN BONACCI: No trouble getting out. 5 No trouble for anybody to get in. 6 MR. OVEJAS: Yes. And all bedrooms will be 7 provided with egress windows. We’ll be rating 8 all the -- the separation between the units, one 9 hour rated. And whatever is required by the 10 Code, we will provide it. 11 CHAIRMAN BONACCI: And then, coming out of 12 the tandem spots, is there any sort of -- of 13 problem, if there were pedestrians -- you know, 14 passing the building? 15 MR. OVEJAS: It shouldn’t because we have a 16 driveway right in front of the parking garage, 17 which the dimension is about 20 feet off the 18 property line. 19 CHAIRMAN BONACCI: Do you guys have any 20 area that’s going to be dedicated to like 21 recycling, garbage, that kind of stuff? Or does 22 that need to be discussed? 23 MR. OVEJAS: We can provide that on -- as 24 mentioned, we have a laundry area on the first 25 floor. It’s very significant area that we can  37 1 provide those at that location. 2 CHAIRMAN BONACCI: Okay. 3 I’ll make a suggestion for that. 4 Is the building handicap accessible, and is 5 there any sort of requirements that you need to 6 make it -- you know, accessible, if anybody lived 7 there that’s handicapped? 8 MR. OVEJAS: We’re -- I believe if we 9 proceed with construction documents, it’s going 10 to be under New Jersey IRC, Residential Code, 11 which I believe does not require accessible. 12 CHAIRMAN BONACCI: Okay. 13 I don't have any more questions right now. 14 I don't know if anybody -- members of the Board, 15 questions for this application? 16 Okay. 17 I’m going to just open it up to the public. 18 MR. ALONSO: Sure. 19 MS. DILLON: Mr. Price, please raise your 20 right hand. 21 Do you affirm the testimony you’re about to 22 give this Board is the whole truth? 23 MR. PRICE: I do. 24 MS. DILLON: Please state your name and 25 address for the record.  38 1 MR. PRICE: Larry Price, 1006 Palisade 2 Avenue. 3 MS. DILLON: Thank you very much. 4 MR. PRICE: The height of the building is 5 four stories, how many feet? 6 MR. OVEJAS: Forty feet. 7 MR. PRICE: Forty, four-zero? 8 MR. OVEJAS: Yes. 9 MR. PRICE: Okay. 10 Thank you. 11 CHAIRMAN BONACCI: How does the building 12 currently stand? 13 Three stories? 14 MR. OVEJAS: I believe it’s two story. 15 CHAIRMAN BONACCI: It’s two stories and 16 it’s going from two to four? 17 MR. OVEJAS: Correct. Yes. 18 CHAIRMAN BONACCI: And the whole 19 neighborhood is filled up with just two stories 20 or all 40 -- 40 feet. 21 Right? Is the max? 22 MR. OVEJAS: Forty feet. 23 MR. ALONSO: Well, 40 feet is -- 24 CHAIRMAN BONACCI: You’re allowed? 25 MR. ALONSO: Yeah. That’s the max that’s  39 1 permitted. 2 CHAIRMAN BONACCI: And you guys are going 3 to be four stories. 4 MR. ALONSO: Forty feet. 5 CHAIRMAN BONACCI: Gotcha. 6 MR. ALONSO: Which is permitted. 7 CHAIRMAN BONACCI: Which one is permitted? 8 MR. ALONSO: Forty feet. 9 CHAIRMAN BONACCI: Forty feet’s permitted. 10 But this is four stories, plus an additional 40 11 feet. 12 MR. ALONSO: No, no. The four stories 13 measures -- 14 CHAIRMAN BONACCI: Four stories equals 40 15 feet. 16 MR. ALONSO: -- 40 feet. 17 CHAIRMAN BONACCI: So you don’t need a 18 variance for that. 19 MR. ALONSO: Correct. 20 CHAIRMAN BONACCI: So that’s not even -- 21 MR. PANEQUE: Actually -- 22 MR. ALONSO: No, we need -- 23 We need a C variance for the number of 24 stories. 25 CHAIRMAN BONACCI: Okay.  40 1 MR. ALONSO: But not for a D variance for 2 the height. 3 CHAIRMAN BONACCI: Sorry about that. 4 MR. ALONSO: That’s okay. 5 CHAIRMAN BONACCI: So, the use is pretty 6 close to what’s there now. 7 MR. ALONSO: Right. 8 CHAIRMAN BONACCI: R zone. 9 MR. ALONSO: Correct. 10 CHAIRMAN BONACCI: It’s a residential 11 property. Okay. I mean, seems pretty 12 straightforward to me. 13 MR. ALONSO: Correct. 14 CHAIRMAN BONACCI: The only recommendation 15 that I would make is that if you could do 16 anything -- you know, dedicated area for the 17 garbage. 18 MR. OVEJAS: Um hum. 19 CHAIRMAN BONACCI: And to just make sure 20 that there’s no problems backing in or getting 21 out of the driveway, so that there’s no safety 22 issues. 23 Other than that, I’ll make a motion to -- 24 Real quick. 25 The application seems to serve the public  41 1 good. It’s inherently beneficial, conforms to 2 the Master Plan, Zoning Ordinances and meets the 3 safety standards. There’s no public harm or 4 detriment. 5 I’ll make a motion to approve the 6 application. 7 THE SECRETARY: Motion on the table to 8 approve the application by Mr. Bonacci. 9 Any second on the motion? 10 VICE CHAIRMAN GRULLON: Second. 11 THE SECRETARY: Second by Mr. Grullon. 12 Roll call on the motion to approve this 13 application. 14 Mr. Bonacci? 15 CHAIRMAN BONACCI: Yes. 16 THE SECRETARY: Mr. Grullon? 17 VICE CHAIRMAN GRULLON: Yes. 18 THE SECRETARY: Ms. Gutierrez? 19 MS. GUTIERREZ: Yes. 20 THE SECRETARY: Mr. Pressey? 21 MR. PRESSEY: Yes. 22 THE SECRETARY: Mr. Medina? 23 MR. MEDINA: Yes. 24 THE SECRETARY: Mrs. Perez? 25 MS. PEREZ: Yes.  42 1 THE SECRETARY: Mr. Cetinich? 2 MR. CETINICH: Yes. 3 THE SECRETARY: Seven in favor. 4 Motion carries. 5 Thank you. 6 MR. ALONSO: Very good. 7 Thank you very much. 8 * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  43 1 Roberto Rodriguez - 1711 Manhattan Avenue: 2 3 MR. ALONSO: Back up on this one. Next 4 one. 5 I just got a text message from our planner, 6 who’s also the planner on the other matter that 7 was carried on West Street. 8 CHAIRMAN BONACCI: Okay. 9 MR. ALONSO: So, he was confused. So, he 10 thought that both applications were -- were going 11 to be carried, so we could do the architecture 12 today if you’d like, in order to at least start 13 the process. 14 CHAIRMAN BONACCI: I would just do it all 15 -- 16 MR. PANEQUE: I -- Mr. Alonso, I -- I would 17 suggest that we do it all in one hearing. 18 MR. ALONSO: Okay. 19 MR. PANEQUE: And the reason for that is 20 that it’s going to be very clear to the Board, 21 instead of bifurcating the hearing into two 22 parts, especially since -- 23 MR. ALONSO: I’ll defer. 24 MR. PANEQUE: -- we have a 30 day gap -- 25 MR. ALONSO: Sure.  44 1 MR. PANEQUE: -- in between one expert 2 testifying and the other. 3 MR. ALONSO: I -- 4 MR. PANEQUE: So -- 5 MR. ALONSO: I always defer to the Board. 6 If that’s your pleasure, then -- 7 CHAIRMAN BONACCI: Okay. 8 Yeah. So, we’ll carry it over to December. 9 And this way, we’ll hear everything in one shot, 10 so that we don’t get like drips and drabs and -- 11 MR. ALONSO: Very good. 12 CHAIRMAN BONACCI: I know how to -- 13 MR. ALONSO: And that’s December 12th. 14 CHAIRMAN BONACCI: Twelfth. 15 THE SECRETARY: Twelve. 16 MR. PANEQUE: 12/12. 17 MR. ALONSO: 12/12. 18 MR. PANEQUE: Make a notice to the public, 19 if anybody’s here on that application. 20 CHAIRMAN BONACCI: If anybody is here, 21 members of the public, for the application on the 22 agenda that’s number 3, 1711 Manhattan Avenue, 23 that application will be adjourned until next 24 month’s meeting, December 12 -- 25 MR. ALONSO: Thank you very much.  45 1 CHAIRMAN BONACCI: -- 2019. 2 MR. PANEQUE: Okay. 3 MR. ALONSO: Have a happy Thanksgiving. 4 MR. PRESSEY: Thank you. 5 MS. GUTIERREZ: Thank you. 6 CHAIRMAN BONACCI: You, too. 7 VICE CHAIRMAN GRULLON: You, too. 8 THE SECRETARY: All right. 9 Motion on the table by Mr. Bonacci to 10 adjourn this application for December 12, 2019. 11 Seconded by Ms. Gutierrez. 12 Roll call on the motion to adjourn this 13 application for December 12. 14 Mr. Bonacci? 15 CHAIRMAN BONACCI: Yes. 16 THE SECRETARY: Mr. Grullon? 17 VICE CHAIRMAN GRULLON: Yes. 18 THE SECRETARY: Ms. Gutierrez? 19 MS. GUTIERREZ: Yes. 20 THE SECRETARY: Mr. Pressey? 21 MR. PRESSEY: Yes. 22 THE SECRETARY: Mr. Medina? 23 MR. MEDINA: Yes. 24 THE SECRETARY: Mr. Ortiz? 25 MR. ORTIZ: Yes.  46 1 THE SECRETARY: Ms. Pena? 2 MS. PENA: Yes. 3 THE SECRETARY: Seven in favor. 4 Motion carries. 5 (Whereupon, there was a pause in the 6 proceedings.) 7 * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  47 1 Shannon Guy Errico - 110 42nd Street: 2 3 THE SECRETARY: Next application on 4 tonight’s agenda, Shannon Guy Errico, 110 42 nd 5 Street. 6 Ms. Pereiras, please? 7 (Whereupon, there was a pause in the 8 proceedings.) 9 MR. PANEQUE: All right. 10 For the record, I’ve been provided by Ms. 11 Pereiras with the following documentation: 12 I have a certification as to publication 13 and service, signed by Ms. Pereiras, indicating 14 that notice of tonight’s hearing with respect to 15 the property at 110 42nd Street was provided to 16 all property owners within the 200 foot radius on 17 October 30th, 2019, as well as having been 18 published in the local newspaper, The Jersey 19 Journal. 20 I’ve also been provided with a Affidavit of 21 Publication from The Jersey Journal, which 22 indicates that the notice, with respect to the 23 property at 110 42nd Street was published in the 24 paper on November 2nd, 2019. 25 Said notice indicates that the hearing will  48 1 take place tonight at this address. And it does 2 list the request made by the applicant. 3 I’ve also been provided with the certified 4 mail receipts, which have a postmark date of 5 October 30th, as well as the 200 foot tax list, 6 which was provided by the Union City Tax 7 Assessor’s Office, with a date of October 25 th, 8 2019, with respect to the property at 110 42 nd 9 Street. 10 I’ve also been provided with the green 11 cards that have come back to date. 12 Based on the documentation that’s been 13 provided by Ms. Pereiras, this Board has 14 jurisdiction to proceed and hear this matter. 15 MS. PEREIRAS: Thank you, counsel. 16 Good evening. 17 Good evening, Mr. Chairman, members of the 18 Board. 19 May it please the Board, Bianca Pereiras, 20 on behalf of Shannon Guy Errico, for property 21 located at 110 42nd Street, also known as Block 22 248, Lot 15. 23 The property in question is a legal one 24 family. There is an existing unit in the 25 basement that we are here before the Board to  49 1 hopefully legalize, making it, in essence, a two 2 family. 3 We have a few variances, mostly stemming 4 from the fact that we have a lot that does not 5 have the -- the typical depth in Union City. We 6 have 25 width by 76 feet in depth. 7 We have one expert to testify before the 8 Board this evening, and that is architect, 9 Orestes Valella. 10 Mr. Valella? 11 MR. VALELLA: Yes. 12 MS. DILLON: Please raise your right hand. 13 Do you affirm the testimony you’re about to 14 give this Board is the whole truth? 15 MR. VALELLA: I do. 16 MS. DILLON: Please just state your name 17 for the record. 18 MR. VALELLA: Sure. 19 My name is Orestes Valella, V-A-L-E-L-L-A; 20 professional offices at 5809 Madison Street in 21 West New York, New Jersey. 22 CHAIRMAN BONACCI: Mr. Valella, you’ve 23 testified before this Board many times. 24 MR. VALELLA: Yes. 25 CHAIRMAN BONACCI: So, welcome back.  50 1 MR. VALELLA: Thank you. 2 MS. PEREIRAS: And Mr. Valella, I 3 understand you did not prepare the drawings 4 before the Board this evening, but have you had 5 an opportunity to review the drawings? 6 MR. VALELLA: Yes. Manny sent them to me a 7 few days ago, and I’ve -- and I’ve poured over 8 them. 9 MS. PEREIRAS: Great. 10 And if you could please discuss, or 11 describe for the Board, the legalization as to 12 that ground floor unit, and any variances that we 13 might trigger? 14 MR. VALELLA: Sure. 15 Well, as counsel mentioned, this is a 16 property with an irregular size lot. It’s on 42 nd 17 Street. It’s about 125 feet off of Park Avenue. 18 The property is 25 feet in width and 76 19 feet in depth. It has a lot area of 1,845.10 20 square feet. 21 There is an existing one story and a half, 22 the basement is actually raised, structure on the 23 property. And the apart -- or the home is on the 24 ground level and that remains as is. 25 The dwelling unit in question that we’re  51 1 proposing for you to consider is in the basement, 2 is an existing basement apartment. And we’d like 3 to do some modifications to it and bring it up to 4 Code, so that is what we’re here for. 5 The second page, drawing Z02, has the 6 existing and the proposed conditions for both 7 levels. 8 As you can see on the left hand corner, the 9 basement apartment is an existing two bedroom 10 apartment, with a furnace in the middle, a living 11 room/dining room. You can access it directly 12 from the street. 13 As I mentioned, it’s very much raised, so 14 there are a few steps down from the street, you 15 enter the apartment. A few steps up, and you 16 enter the ground floor apartment. 17 There is space in the back that provides a 18 potential for mechanical spaces with a direct 19 access from the backyard. And that is what we 20 are going to propose. 21 The existing apartment on the ground level 22 or the home proper, is an existing three bedroom, 23 living room, kitchen, bathroom dwelling unit, and 24 that basically stays as is. 25 Our proposal for the apartment is very  52 1 minor. The apartment is -- has 782.94 square 2 feet. It’s an existing two bedroom and we 3 propose to maintain that. 4 We’d like -- we’re expanding on it by 5 redoing the mechanical area. The mechanical, the 6 two -- the two boilers and the two hot water 7 heaters will be completely separate from the 8 dwelling unit. You gain access through the 9 backyard. There is a side yard that gives access 10 to that. 11 We are reconstructing the bedrooms, so that 12 -- you know, they have proper privacy, closets 13 and they all have existing windows that, if 14 necessary, will be modified to provide emergency 15 access for them. 16 So you know, the -- the intent here is -- 17 the apartment right now is substandard. The 18 bedrooms are tiny. They don’t have walls. 19 They’re kind of open, no closets. There’s a big 20 area in the rear that is wasted. That area, we 21 are redeveloping as a private, separate 22 mechanical room. The kitchen in the back is 23 being rebuilt. Now the kitchen faces the living 24 room, dining room. So, it’s a -- it’s a far 25 superior layout than what is there.  53 1 And, of course, should this be -- should 2 this proceed, that’s also an opportunity to 3 rebuild -- it’s basically a rebuild. New 4 mechanical systems, new electrical. The Building 5 Department would require -- will require a 6 sprinkler system in the -- in the basement. The 7 confirmation of all the egress windows. 8 So, it’s a substantial improvement, not 9 only in the quality of life, but in the life 10 safety of that unit that is there right now. So 11 that is why -- you know, I -- I’m happy to 12 represent these types of proposals. 13 The -- with regards to the zoning data, the 14 -- the property is in the R low density 15 residential zone. It’s an existing one family. 16 One, two and three families are permitted. We’re 17 proposing a two family. 18 It’s deficient in lot area; 2500 square 19 feet would be required, 1845 is existing. As you 20 all well know, every property in Union City is 21 developed. There’s no opportunity to purchase, 22 unless a sale comes up, adjacent properties to 23 expand the -- the footprint. 24 The lot width is satisfied. It’s 25. It’s 25 deficient in depth, it’s 76 where a hundred is  54 1 required. 2 The front yard requirement is ten feet, or 3 the prevailing setback. Actually, the prevailing 4 setback on that block is basically zero and this 5 home is at zero. 6 The rear yard is 25 percent of the lot 7 depth. The existing is 19 feet eight inches. 8 So, it would -- it’s not -- it’s not -- doesn’t 9 satisfy the 25 feet for a hundred footer. 10 The side yards are two feet one, five feet 11 combined, four on one and -- is -- and zero on 12 the other are -- are present. That four foot 13 side yard on one side is what gives access to the 14 mechanical room and allows for the windows in the 15 -- in the bedrooms that we’re proposing. 16 We’re rebuilding the bedroom count. We’re 17 not increasing the -- the density of the home. 18 It’s an existing two bedroom, it remains an 19 existing two bedroom. 20 The maximum number of stories is three 21 stories are permitted. This is really one and a 22 half. I know Manny put down two, but it’s -- in 23 reality, it’s one and a half. 24 The maximum building height would be 40 25 feet. This one is approximately 15 to 18 feet,  55 1 or thereabouts. So, it’s substantially less. 2 It’s a smaller home. It’s -- the bulk of this is 3 substantially less than the average. 4 The maximum building coverage is 16 -- 60 5 percent. And this one comes in at 54.21. So, it 6 meets building coverage, as well. 7 Maximum lot coverage is 85 percent and it’s 8 at 95.5. So, it’s deficient in that sense, where 9 the property is more developed, in terms of 10 pavements. 11 Off-street parking, three spaces would be 12 required. There is no parking on the property. 13 There never has been. This property was built to 14 the property line and it has functioned this way 15 from conception. 16 And that’s about it. You know, it’s a nice 17 little house, one family, with an existing 18 apartment that’s probably been there forever. An 19 opportunity to bring it up to Code and provide a 20 more livable environment for the occupant. 21 That’s about it. 22 CHAIRMAN BONACCI: Okay. 23 That’s the only testimony. 24 Right? 25 MS. PEREIRAS: That is correct.  56 1 CHAIRMAN BONACCI: Okay. 2 Mr. Valella, the square foot of the 3 basement, did you say it was 782? Something 4 close to that? 5 MR. VALELLA: Yeah. The -- the proposed 6 basement apartment is 782.94. So, almost 783. 7 CHAIRMAN BONACCI: Okay. 8 How about the square footage of each one of 9 the two bedrooms? 10 MR. VALELLA: The bedrooms are clear open, 11 eight -- eight foot eight by ten foot seven, and 12 eight foot eight by ten oh. 13 Those dimensions exclude the new closet. 14 So, in effect, they’re considerably larger than 15 what are existing. 16 CHAIRMAN BONACCI: Okay. 17 Let me just -- Mr. Spatz? 18 MR. SPATZ: Yes. 19 CHAIRMAN BONACCI: So, the square footage 20 of each bedroom, ten, seven and 8.8, 8.8 and ten 21 oh. 22 MR. SPATZ: Right. Well, we don’t -- I 23 mean, the Ordinance does not have any standards 24 or any control over the bedroom size. 25 CHAIRMAN BONACCI: Okay.  57 1 MR. SPATZ: It does over the unit and -- 2 and although, because it’s a two family, it 3 wouldn’t trigger the unit size. For a two 4 family, our Ordinance would require 750 square 5 foot. 6 MR. VALELLA: Right. 7 MR. SPATZ: So, the unit is bigger than 8 what -- 9 CHAIRMAN BONACCI: Okay. 10 MR. VALELLA: I can -- 11 MR. SPATZ: -- you know -- 12 MR. VALELLA: -- expand on the bedroom 13 size. Your question -- I think you may find it 14 -- I know where you’re going. 15 CHAIRMAN BONACCI: Okay. 16 MR. VALELLA: The Building Code, not the 17 zoning, but the actual New Jersey Building Code 18 does impose a minimum size for a bedroom, or 19 habitable room. And that’s seven by 10 or 70 20 square feet, so -- 21 CHAIRMAN BONACCI: Okay. You guys are over 22 that. 23 MR. VALELLA: This one is larger than -- 24 CHAIRMAN BONACCI: Okay. 25 MR. VALELLA: -- the minimum. Yes.  58 1 CHAIRMAN BONACCI: Okay. 2 You mentioned something about egress 3 windows. 4 Can you just elaborate a little bit more? 5 MR. VALELLA: Yes. Basically, the Code 6 requires that each bedroom have a window that is 7 accessible, in case of an emergency, fireman. 8 And that window has to have a certain height. It 9 cannot be above a certain dimension from the 10 floor, et cetera. 11 Looking at these windows -- and that’s 12 something that gets confirmed through the 13 construction document process. Sometimes, we 14 find that, oops, they don’t meet, and then the 15 Building Department makes us make them bigger, 16 which is doable. These look like they will be 17 satisfactory. 18 CHAIRMAN BONACCI: Okay. 19 So, besides where you get into the space, 20 the living space, you have those windows, as 21 well. 22 MR. VALELLA: You have the -- you have -- 23 frankly, you have one, two, three win -- four 24 windows and the main door to gain access to the 25 unit.  59 1 CHAIRMAN BONACCI: Okay. 2 And when you were testifying about the 3 mechanical room, boiler, hot water heater -- 4 MR. VALELLA: Um hum. 5 CHAIRMAN BONACCI: -- electrical room, 6 you’re going to shift that around? 7 MR. VALELLA: Yes, that is being 8 reconstructed. And then, that is given a 9 separate entrance from the rear, so that -- you 10 know, whenever maintenance or things happen, the 11 tenant is not disturbed. 12 And also -- you know, once you do that, 13 again, the Building Department actually does a 14 very, very good job at this. It gets fire rated. 15 The -- the exhaust that’s being generated, there 16 is exhaust provisions. You know, it all gets -- 17 it actually gets handled very well. It’s much 18 safer. 19 CHAIRMAN BONACCI: Okay. 20 MR. VALELLA: Um hum. 21 CHAIRMAN BONACCI: Members of the Board? 22 VICE CHAIRMAN GRULLON: Mr. Valella, the 23 basement apartment, the height -- the height of 24 the ceiling. 25 Do you know?  60 1 MR. VALELLA: I don't know. It’s not given 2 here. I did not have an opportunity to -- to 3 visit. I can give you a professional guestimate, 4 but it’s about seven -- I would say it’s probably 5 seven feet or more. 6 VICE CHAIRMAN GRULLON: Did you have an 7 opportunity to visit the site? 8 MR. VALELLA: I did not. I -- I looked at 9 it on Google and I -- and I reviewed the 10 drawings, but I did not actually -- was able to 11 visit. It was short notice. 12 But I -- I’m thinking it’s no less than 13 seven feet. 14 VICE CHAIRMAN GRULLON: Is that something 15 that is controlled at Building Department, for 16 permit? 17 MR. PANEQUE: It is. 18 VICE CHAIRMAN GRULLON: Yeah. 19 MR. PANEQUE: Yeah. Mr. Spatz, the 20 Building Department would determine if the height 21 of the ceiling in the basement would be 22 appropriate? 23 MR. SPATZ: That -- that's correct. And 24 -- 25 MR. VALELLA: Yeah.  61 1 MR. SPATZ: The -- the response to that 2 would be they would make them dig out the floor 3 to get the increased height, if needed. But that 4 is part of their review. 5 MR. VALELLA: Yeah. I’ve had many of those 6 instances. Seven feet is the minimum that is 7 acceptable with this Building Department. I 8 suspect this one is going to be either seven or 9 more, because it’s very shallow and then it comes 10 up. 11 But in case it isn’t, I don't want to 12 mislead the Board, the Building Department will 13 make them lower the slab and -- because it’s 14 being rebuilt, so there is no hardship to doing 15 that. 16 MR. MEDINA: Is it ground floor or -- 17 ground floor? 18 Right? 19 MR. VALELLA: It’s not ground floor. 20 Technically, it is a basement, but it’s about 21 three -- three feet or so below grade. 22 VICE CHAIRMAN GRULLON: Mr. Valella, you 23 mentioned there is going to be a sprinkle. 24 MR. VALELLA: Yes. Yeah. Your -- your 25 Building Department won’t issue a permit without  62 1 that. 2 VICE CHAIRMAN GRULLON: Okay. 3 CHAIRMAN BONACCI: Open to the public. 4 Okay. 5 Closed to the public. 6 The application seems to serve the public 7 good. It is inherently beneficial, conforms to 8 the Master Plan, Zoning Ordinance. This meets 9 safety standards, no public harm or detriment. 10 I’d like to make a motion to approve the 11 application. 12 THE SECRETARY: Motion on the table to 13 approve the application by Mr. Bonacci. 14 Any second on the motion? 15 Seconded by Ms. Gutierrez. 16 Roll call on the motion to approve this 17 application. 18 Mr. Bonacci? 19 CHAIRMAN BONACCI: Yes. 20 THE SECRETARY: Mr. Grullon? 21 VICE CHAIRMAN GRULLON: Yes. 22 THE SECRETARY: Ms. Gutierrez? 23 MS. GUTIERREZ: Yes. 24 THE SECRETARY: Mr. Pressey? 25 MR. PRESSEY: Yes.  63 1 THE SECRETARY: Mr. Medina? 2 MR. MEDINA: Yes. 3 THE SECRETARY: Mr. Ortiz? 4 MR. ORTIZ: Yes. 5 THE SECRETARY: Ms. Pena? 6 MS. PENA: Yes. 7 THE SECRETARY: Seven in favor. 8 Motion carries. 9 MS. PEREIRAS: Thank you all -- 10 THE SECRETARY: Thank you. 11 MS. PEREIRAS: -- very much. 12 Good night. 13 MS. GUTIERREZ: Good night. 14 MS. PEREIRAS: Happy Thanksgiving. 15 See you next month. 16 THE SECRETARY: Good night. 17 MS. GUTIERREZ: Thank you. You, too. 18 MS. PEREIRAS: Thank you. 19 (Whereupon, there was a pause in the 20 proceedings.) 21 * * * 22 23 24 25  64 1 Angel Denis - 542 40th Street: 2 3 THE SECRETARY: Next application on 4 tonight’s agenda, Angel Denis, 542 40 th Street. 5 Mr. Alum, please? 6 (Whereupon, there was a pause in the 7 proceedings.) 8 MR. PANEQUE: Thank you, sir. 9 For the record -- 10 You’re Mr. Diaz? 11 MR. DIAZ: Yes, I am. 12 MR. PANEQUE: Okay. 13 For the record, I’ve been provided by Mr. 14 Diaz with the following documentation: 15 I have a certification of mailing, 16 indicating that notice of tonight’s hearing, with 17 respect to the property located at 542 nd (sic) 18 40th Street, was provided to all property owners 19 within the 200 foot radius on November 1 st, 2019. 20 I’ve also been provided with the certified 21 mail slips, with a postmark date of November 1st, 22 as well as the receipts from the Post Office. 23 I’ve also been provided with a copy of the 24 Affidavit of Publication from The Jersey Journal, 25 indicating that notice of tonight’s hearing,  65 1 November 14, 2019, was given to all property 2 owners of the property at 542 nd (sic) 40th Street. 3 And the notice does indicate that it will take 4 place here at City Hall, 3715 Palisade Avenue. 5 Said notice was published on November 2 nd, 2019. 6 I’ve also been provided with a copy of the 7 actual notice that went out, signed by Mr. Diaz, 8 as well as the copy of the 200 foot list provided 9 by the Union City Tax Assessor’s Office, which 10 has a date of October 24, 2019. 11 Based on the documentation provided, this 12 Board has jurisdiction to proceed and hear this 13 matter. 14 MR. DIAZ: Thank you. 15 Good evening, Board. 16 May it please the Board, I am here today 17 for Angel Denis, seeking a legalization of a 18 second floor unit. It’s a one family, to convert 19 it to a two family. 20 And I have expert architect, Mr. Orestes 21 Valella, which of course, you’ve already met. If 22 I can ask him just a couple questions before 23 proceeding? 24 All right. 25 It’s fair to say that you did not prepare  66 1 the plans, but you are familiar with the plans. 2 Is that correct? 3 MR. VALELLA: Yes. I reviewed the plans. 4 MR. DIAZ: And have you had the opportunity 5 to review them thoroughly? 6 MR. VALELLA: I hope so. 7 MR. DIAZ: And I will let the expert take 8 over and read you the plans accordingly, and the 9 legalization. 10 MR. VALELLA: Okay. 11 So, this -- these plans were prepared by 12 Manny and he just was not able to come today, so 13 I’m trying to fill in as best I can. 14 It’s a legalization of a second floor 15 apartment. So, going from a one family to a two 16 family. 17 The property is located at 542 40th Street. 18 And the property -- the lot is 17.57 feet deep 19 (sic) by 100 feet -- by 100 foot in depth. So, 20 it’s below the 2500 square foot threshold. 21 It is an existing home that’s there. They 22 seem to have built a few of them in a row -- you 23 know, when they built them. So, it’s a nice 24 urban type. It’s -- it fits in. It’s not one of 25 a kind. It’s been there and it has three  67 1 stories, or two and a half. There is a basement 2 at grade level. There is the ground floor 3 apartment and the second floor, where we’re 4 proposing to legalize the second unit. The -- 5 you can see that on the site plan. 6 There is an existing driveway in the front 7 of the home that accommodates one car. 8 The plans themselves are on the second 9 page. And these show the existing condition. 10 The basement is the first floor -- is the first 11 floor shown. It is open. It has a washer/dryer, 12 the boiler, the hot water heater and that’s about 13 it. 14 You can get access from it -- to it from 15 grade level. It has a ceiling height of six foot 16 four. Perhaps, that’s why it’s empty. 17 The second, or the first proper floor is 18 the main bulk of the home. It has the living 19 room, it has a bedroom, kitchen and a bedroom. 20 You come up the stairs and you enter it, it 21 also has an internal stair that gives access to 22 the second floor that has the second apartment, 23 the kitchen, a one bedroom and the living room. 24 And that has a nine foot ceiling. 25 So, that’s the bulk of what’s existing.  68 1 On the third page, basically, what you have 2 are the elevations of the home. And it shows the 3 front, the two sides and the rear. But this is 4 more for information, because there’s no proposal 5 to alter the exterior of the home. 6 What is being -- what is being requested is 7 the existing apartment on the second floor, which 8 is a one bedroom, nine foot ceiling, 9 approximately between 900 and a thousand square 10 feet in floor area for a one bedroom, is before 11 your consideration. 12 It’s an existing. It has a kitchen in the 13 rear, the bedroom, the living room, and it has -- 14 you know, since this is an older home, it has a 15 nine -- nine foot ceiling. 16 You get -- you get access to it from the 17 front door. You come in, there’s the stair. 18 Originally, this must have been where the 19 bedrooms were located for a one family home, 20 where they had the ground floor, the living room, 21 the dining room, the kitchen, and then perhaps 22 two bedrooms on the second floor. 23 At some point, this must have been 24 converted to an apartment. It works. The two 25 units are separated. There is an entrance  69 1 hallway. You go up to the second floor. You 2 know, 800 to -- or 900 to a thousand square feet 3 is not a bad area for a one bedroom apartment. 4 This one has a nine foot ceiling, has a beautiful 5 bay window. So you know, it -- it must be -- 6 have a very pleasant living environment. 7 The ground floor unit is not effected by 8 this proposal. It is an existing two bedroom. 9 It’s significantly larger. I would say about 10 1400 square feet in floor area, which again, is a 11 very good size for a two bedroom unit. 12 The bedroom is in the back, kitchen, living 13 room, dining room and the second bedroom is in 14 the front. 15 The -- what I call the original home has 16 ceiling heights of eight foot four. There must 17 have been an addition in the rear at some point, 18 where the kitchen and the bedrooms are locate -- 19 and the second bedroom is located. And that has 20 a ceiling height of 7.9. But the second floor 21 apartment is within the original home. 22 With regards to -- 23 So, from a life safety standpoint, there’s 24 very little that need be done here. A two family 25 does not trigger ADA. The Building Department  70 1 will require fire separations between the two 2 units. It will require emergency lights and the 3 doors for the two units to be -- you know, have a 4 certain fire rating, et cetera. 5 But it’s not very -- from what I see, not 6 much is going to be necessary to legalize this 7 from a life safety standpoint. 8 The -- the zoning data is this is in the R, 9 low density residential, where one, two and three 10 families are permitted. This is a one family and 11 a two family is being requested. 12 A minimum lot area of 2500 would be 13 required. This one is deficient. This one is 14 1,760.43 square feet. So, it is below the 2500 15 square foot threshold. The reason for that is 16 these are narrow lots. And I’m not here to 17 speculate or to teach, but if you can see, they 18 built a few of these in a row. And when they did 19 that -- you know, they -- they narrowed down the 20 footprint and created row houses. The row house 21 -- common walls and -- and do that. 22 That’s -- I think that’s why it’s not a 25 23 foot lot. The -- the lot width is 17.57. 24 However, the lot depth is a hundred. 25 Again, like the previous application, ten  71 1 foot, or the prevailing setback would be 2 required. The existing is ten, but not -- more 3 importantly than that, all of these homes are the 4 same so, it maintains the -- the streetscape. 5 It’s a continuous streetscape. 6 The lot depth required would be 25 percent 7 of the hundred, which would be 25. This one has 8 an existing 17 foot rear yard. 9 The side yards required are two and five. 10 This is zero. Again, these were built as row 11 houses, with windows in the front and in the 12 rear. 13 The height permitted is three stories. 14 This is a two story home. 15 The maximum building height is 40 feet. 16 This existing at 27.3 feet. So, again, it’s 17 lower than what could have been. 18 One that I’m always very happy with is 19 building coverage; 60 percent is the maximum you 20 can develop. This is at 58. So, that’s always 21 an important one for me. 22 The next one is minimum lot coverage; 85 23 percent and this is at a hundred. Again, because 24 the -- the outside surfaces must -- are all 25 paved.  72 1 The parking requirement would be three 2 parking spaces and there is one, which is an 3 existing, adjacent to the entrance porch. 4 And you can see that on the pictures on the 5 ground floor, the red car in the driveway. 6 That wasn’t original to the home. That was 7 added at some point. But it does provide some 8 parking relief. 9 That’s it. You know, this is an older row 10 house type that was built in series. Makes for a 11 beautiful home. There will be no visual -- there 12 would not be any visual impact if this is 13 approved. There would be no impact to the 14 density that’s there already. 15 And that’s all I can say. 16 MR. DIAZ: Thank you. 17 CHAIRMAN BONACCI: Counsel, any other 18 testimony or just Mr. -- okay. 19 Okay. 20 Mr. Valella? 21 MR. VALELLA: Um hum. 22 CHAIRMAN BONACCI: You testified with the 23 row house kind of -- 24 MR. VALELLA: Um hum. 25 CHAIRMAN BONACCI: -- consistent with the  73 1 rest of the neighborhood. 2 MR. VALELLA: Yeah. 3 CHAIRMAN BONACCI: Would you agree? 4 MR. VALELLA: Yes. 5 CHAIRMAN BONACCI: Okay. 6 So, you would testify that because it’s 7 consistent with the row house kind of design of 8 the neighborhood, it’s consistent with the way 9 that it was originally designed to be. 10 MR. VALELLA: Absolutely. The only 11 difference is these were all probably done as one 12 families when they were built originally, and 13 they’re probably all twos by now. 14 CHAIRMAN BONACCI: Now, this is a second 15 floor apartment. 16 MR. VALELLA: Yes. 17 CHAIRMAN BONACCI: On the last application, 18 we were talking about the windows and the egress. 19 MR. VALELLA: Um hum. 20 CHAIRMAN BONACCI: Can you give any sort of 21 testimony on this application, with that same 22 sort of topic? 23 MR. VALELLA: Yeah. The -- the same 24 applies here. 25 We have very large -- a very large bay  74 1 window and additional window. We actually have 2 one, two, three, four windows to the street on 3 the second floor. And they’re all considerably 4 larger than would be required. So -- 5 CHAIRMAN BONACCI: Do you need to put like 6 a fire escape or -- 7 MR. VALELLA: No. 8 CHAIRMAN BONACCI: Okay. 9 MR. VALELLA: Not for this. 10 CHAIRMAN BONACCI: That doesn’t -- 11 MR. VALELLA: The window -- 12 CHAIRMAN BONACCI: -- fall under this 13 Board, anyway. 14 Right? 15 MR. VALELLA: No. It doesn’t fall into 16 this Board, but also -- you know, there’s a 17 height threshold at which point that triggers in. 18 So, yes, you could have a two family with a fire 19 escape, if this second floor is above a certain 20 dimension. I do not believe this falls into that 21 category. 22 CHAIRMAN BONACCI: Okay. 23 I’m sorry. I didn’t get a chance to see 24 the total height of the -- 25 MR. VALELLA: The total height of the home  75 1 is 27.3. 2 CHAIRMAN BONACCI: And that’s within your 3 -- 4 MR. VALELLA: To the roof. Yeah. 5 CHAIRMAN BONACCI: So, you conform there. 6 Right? 7 MR. VALELLA: Yeah. 8 CHAIRMAN BONACCI: Okay. 9 MR. VALELLA: Yeah. We were permitted 40 10 feet. 11 With regards to the question about the fire 12 escape, it’s not to the ridge, it’s to the floor 13 of the second home. 14 CHAIRMAN BONACCI: Okay. 15 MR. VALELLA: Yeah. 16 CHAIRMAN BONACCI: The basement is just 17 mechanical room and utilities and stuff? 18 MR. VALELLA: Yeah. The basement -- 19 actually, we do have the information on the 20 height. It’s unfinished. It doesn’t have any 21 partitioning, no kitchen, no -- you know, 22 microwave. And it has a six foot three -- six 23 foot four ceiling height, so perhaps that’s why 24 it was left dormant. 25 CHAIRMAN BONACCI: And Mr. Valella, the  76 1 second floor has separate access to that 2 apartment. 3 Right? 4 MR. VALELLA: Yes. 5 CHAIRMAN BONACCI: Okay. 6 MR. VALELLA: It’s a private entrance. 7 CHAIRMAN BONACCI: Now, according to Mr. 8 Spatz memo, you would need three spaces, and you 9 were providing zero. Now, you’re testifying that 10 you’re providing one. So, you’re only deficient 11 two now. 12 Right? 13 MR. VALELLA: Well, there is an existing 14 driveway with a curb cut on the property. You 15 can see -- in my plans, you can see the red 16 pickup truck on it. 17 So, yes, it has an existing one. Now the 18 depth of that parking I would have to -- because 19 you know, your Ordinance requires a certain 20 width, depth for an official parking space, which 21 is nine by 18. Unless it’s changed now. 22 Is it still nine by 18? 23 MR. SPATZ: Same size. Yes. 24 MR. VALELLA: Yeah. So -- 25 CHAIRMAN BONACCI: It might not be an  77 1 official spot, but you could fit a car in there. 2 MR. VALELLA: It’s -- it’s working. You 3 can -- 4 CHAIRMAN BONACCI: Okay. 5 MR. VALELLA: -- see the car there. 6 CHAIRMAN BONACCI: All right. 7 And you said that first floor unit would 8 now be two bedrooms, 1400 square feet. 9 MR. VALELLA: Approximately, yes. 10 CHAIRMAN BONACCI: And the second floor -- 11 MR. VALELLA: One bedroom. 12 CHAIRMAN BONACCI: A thousand square feet. 13 MR. VALELLA: Approximately a thousand. 14 CHAIRMAN BONACCI: Okay. 15 I don't have any more -- more questions. 16 Thank you. 17 MR. VALELLA: You’re welcome. 18 CHAIRMAN BONACCI: Members of the Board? 19 VICE CHAIRMAN GRULLON: Mr. Valella, any 20 proposed demolition, construction in this -- in 21 this application? 22 MR. VALELLA: Only what would be require -- 23 there’s no proposed alteration. What is there is 24 what will stay. 25 There usually -- your Building Department  78 1 starts looking into it with the architect. 2 Whatever construction is going to happen is going 3 to be from life safety standpoint. Like the 4 doors don’t meet the fire rating, change the 5 doors. The lights -- you know, the outlets 6 aren’t GFIs, change it. Or arc fault -- so, 7 there is no proposed redoing of the layout. 8 There’s the technical little things that will 9 probably be modified, for the better. 10 CHAIRMAN BONACCI: Thank you. 11 VICE CHAIRMAN GRULLON: Thank you. 12 CHAIRMAN BONACCI: Just going to open it to 13 the public. 14 Members of the public? 15 Closed to the public. 16 Before I make a motion, application seems 17 to serve the public good, inherently beneficial, 18 conforms to the Master Plan, Zoning Ordinances, 19 meets safety standards, no public harm or 20 detriment. 21 I’d like to make a motion to approve the 22 application. 23 THE SECRETARY: Motion on the table to 24 approve this application by Mr. Bonacci. 25 Any second the motion?  79 1 Seconded by Ms. Gutierrez. 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: Ms. Gutierrez? 8 MS. GUTIERREZ: Yes. 9 THE SECRETARY: Mr. Pressey? 10 MR. PRESSEY: Yes. 11 THE SECRETARY: Mr. Medina? 12 (No audible response.) 13 THE SECRETARY: Mr. Ortiz? 14 MR. ORTIZ: Yes. 15 THE SECRETARY: Mrs. Pena? 16 MS. PENA: Yes. 17 THE SECRETARY: Seven in favor. 18 Motion carries. 19 MR. VALELLA: Thank you. 20 Have a great night. 21 THE SECRETARY: Thank you. 22 Good night. 23 CHAIRMAN BONACCI: You, too. 24 MR. PANEQUE: Thank you. 25 MR. DIAZ: Thank you, Board.  80 1 Have a good evening. 2 Happy Thanksgiving. 3 MS. GUTIERREZ: Happy Thanksgiving. 4 * * * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  81 1 RESOLUTIONS: 2 3 ( 1) Satinderjit Kaur, 628 36 th Street, Block 4 260.01, Lot 12. Two family residential. Revised 5 plans required. Revised plans received on 11-04- 6 2019. 7 ( 2) Resolution to approve the Zoning Board of 8 Adjustment schedule for the year 2020. 9 10 THE SECRETARY: We are going now to move to 11 Resolutions. 12 We have two Resolutions on tonight’s 13 agenda. 14 Resolution number 1. 15 Satinderjit Kaur, 628 36th Street. 16 Resolution number 2. 17 To approve the Zoning Board of Adjustment 18 schedule for the year 2020. 19 Can I have a motion to -- 20 Motion by Mr. Ortiz to approve. 21 Seconded by? 22 Ms. Gutierrez. 23 I’m sorry. 24 I -- I apologize for that. Mr. -- Mr. 25 Ortiz was absent at the previous meeting.  82 1 All right. 2 Can I have a motion? 3 MS. GUTIERREZ: I’ll make a motion. 4 THE SECRETARY: Motion by Ms. Gutierrez. 5 Seconded by? 6 VICE CHAIRMAN GRULLON: Second. 7 THE SECRETARY: Seconded by Mr. Grullon. 8 Motion by Ms. Gutierrez. 9 Seconded by Mr. Grullon. 10 Roll call on the motion. 11 Mr. Bonacci? 12 CHAIRMAN BONACCI: Yes. 13 THE SECRETARY: Mr. Grullon? 14 VICE CHAIRMAN GRULLON: Yes. 15 THE SECRETARY: Ms. Gutierrez? 16 MS. GUTIERREZ: Yes. 17 THE SECRETARY: Mr. Pressey? 18 MR. PRESSEY: Yes. 19 THE SECRETARY: Mr. Medina? 20 MR. MEDINA: Yes. 21 THE SECRETARY: Ms. Pena? 22 MS. PENA: Yes. 23 THE SECRETARY: Ms. Perez? 24 MS. PEREZ: Yes. 25 THE SECRETARY: Seven in favor.  83 1 Motion carries. 2 Thank you. 3 * * * 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  84 1 ADJOURNMENT: 2 3 THE SECRETARY: Can I have a motion to 4 close tonight’s meeting? 5 Motion by Mr. Pressey. 6 Seconded by Ms. Pena. 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: Ms. Gutierrez? 13 MS. GUTIERREZ: Yes. 14 THE SECRETARY: Mr. Ortiz? 15 MR. ORTIZ: Yes. 16 THE SECRETARY: Mr. Pressey? 17 MR. PRESSEY: Yes. 18 THE SECRETARY: Mr. Medina? 19 MR. MEDINA: Yes. 20 THE SECRETARY: Ms. Pena? 21 (No audible response.) 22 THE SECRETARY: Ms. Perez? 23 MS. PEREZ: Yes. 24 THE SECRETARY: Motion carries. 25 Seven in favor.  85 1 Thank you. 2 Have a good night, everyone. 3 Let the record show that the meeting has 4 ended. 5 Good night. 6 MS. GUTIERREZ: Good night. 7 8 (Whereupon, the proceedings were concluded 9 at 7:08 p.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  86 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, November 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