##VIDEO ID:KfwV6R2nLoI## a [Music] [Music] good evening and welcome to the regular meeting of the city of Bon zoning Board of adjustments secretary lombari please read the the please call the role thank you commissioner Panero commissioner D Ros here commissioner CIS Galvin here commissioner KY here commissioner luach here commissioner FR is out commissioner elari here commissioner Garvey here I'm here and vice chairman dulo I'm here having a quum please rise for the pledge allegiance pledge allegiance to the flag of the United States of America to the for all this regular meeting of the city of Bon zoning Board of adjustment has complied with the open meeting open public meeting act Sunshine Law annual notice of the schedule of regular meetings were published in both the Jersey journal and Star Ledger newspaper the schedule of regular meetings for calendar year 2025 is filed with the city clerk office and has been posted on the Bolton board in the lobby of the municipal building a copy of the agenda of tonight's meeting was emailed to the Jersey journal and Star Ledger at least 48 hours prior to this meeting and is posted on the bulletin board in the lobby of the municipal municipal building and the City of Bayon website uh next we have the adoption of minutes uh before we move on to the adoption of minutes uh we should probably do our reorganization meeting at this point Point sure so um first thing we should do is the election of officers and uh we can take nominations for the position of chair at this point if somebody would like to nominate and second somebody for chair at this point uh we would take that nomination I'd like to uh make a motion to nominate Nicholas dulo for chairman and I would second that motion and uh Mr secretary can can we have a vote sure can uh commissioner Panero hi commissioner d r ro hi commissioner CIS Galvin hi commissioner KY hi commissioner luach I commissioner algari I commissioner Garvey I I vote I and vice chairman dulo do I vote you most certainly can vote if you can't if you don't want to vote for yourself why should every anybody else I guess I'll vote I then it sounds like a party uh the next position is that of Vice chair uh we can take a nomination and a second for that position if there is anybody that would like to offer somebody I would like to nominate Mr Joseph Panero and a second second and on the vote M uh Mr secretary commissioner Panero hi commissioner d r ro hi commissioner sis Galvin hi commissioner KY hi commissioner luach hi commissioner Elgar hi commissioner Garvey I Vice chairman dulo I now chairman and I vote I the last uh position that needs to be filled is that of secretary can I get a motion in a second for that position I'd like to make a motion to nominate uh L lombari for a position of secretary second I'll second double second really like Mr secretary why don't you call a vote for yourself sounds good thank you Vice chair Panero hi commissioner D ro hi commissioner CIS Galvin hi commissioner kti commissioner luach hi commissioner Elgar I commissioner Garvey I I vote I and chairman now dulo I uh next I'm going to read into the record the appointment of board personnel and if they are acceptable to the board you can make a motion in a second to approve them first position is that of board Attorney Richard camp Pano board administrator Alicia lanzi uh city planner Suzanne Mack certified shorthand reporter Suzanne Bishoff uh CME Consulting city engineer Matrix New World engineering City Consulting engineer and Clark Kaden hence SI Consulting city planner can I get a motion in a second to approve the board Personnel I'd like to make a motion second I'll second and for a vote commission uh Vice commissioner Panero hi commissioner d ross hi commissioner CIS Galvin hi commissioner KY commissioner luach hi commissioner elari commissioner Garvey I I vote I uh Vice chairman no chairman dulo I yeah I know we have to update all our documents now I know we're following the list next item uh not on the agenda but but in keeping with our reorganizational uh uh tone this evening the ml requires that we report to the planning board on what we've done in the previous year uh we had a total of 19 applications filed with the board of that 11 were approved six are presently pending there were zero denials zero withdrawals and two were transferred to the planning board uh we're going to have a motion at the end of this meeting but I'd like you to approve that with a motion in a second number on it is on the agenda I stand corrected okay okay so I jumped ahead of communications and read item number six into the agenda can I get a motion and a second I'll make a motion to approve it I'll second commissioner Panero hi commissioner d r ro hi commissioner CIS Galvin I commissioner KY hi commissioner luach I commissioner algari I commissioner Garvey I I vote I chairman dula I we can pick up with the agenda at this point uh Mr secretary and you can read into the record the communications from Mr Chris coochi well do you want to do the minutes first because that's actually before or do we really just want to do everything backwards item number yeah well apparent apparently commissioner lombari can do it better than me so let him take over the adoption yeah if there's no uh addendums to the uh the to the minutes can we have a vote yeah so if there's a or a motion adoption for the minutes for the regular meeting held on December 16th 2024 can I get a motion I'll make a motion to uh approve the the minutes I'll second it and for a vote I guess we're going to go with commissioner D ro hi commissioner sis Galvin stain commissioner KY commissioner lubach I commissioner algari stain commissioner Garvey I I vote I Vice chairman Panero I and chairman dulo I now we go to Communications do you trust me no okay item number five I don't care uh communication from Christopher coochi dated December 19 2024 requesting an extension of z20 d014 187 Broadway LLC site is 187 Broadway in city block 318 lot 18 and that would be an extension of time to commence construction through May 17 2025 can I get a motion in a second I'll make a motion to approve that second and for vote we're going to go with commissioner D Ros hi commissioner sis Galvin hi commissioner kti hi commissioner lubach hi commissioner elari I commissioner Garvey I I vote I Vice chairman Panero hi chairman dulo I sticking with the agenda but going out of order because that's my fault item number seven is public hearing z- 24- 010 L chazi the site is 129 Avenue F block 449 Lot 12 applicant would like to convert his current one family Residential Building into a two family Residential Building bulk variance relief is being sought for lot area lot Frontage front yard setback rear yard setback side yard setback and parking Mr weeks oh good evening Comm uh Commissioners Andrew Tadros on behalf of Lou sherazi uh applicant seeks uh to convert a twostory one family house to a two family residential dwelling um this entails a portion of converting a portion of the ground floor into a studio um it's already a pre-existing there's no construction that's going to be done we have one witness tonight uh we're going going to be calling Mr Steve Steven kallik and at this time I'd like to move A1 to a19 into evidence I do Steven kowallik k a w e k we'll accept Mr qualik he's been here quite a few times thank you uh Mr qualik uh for the benefit of the board can you explain the nature of this application and address any concerns in the report dated January 22nd 2025 sure so the subject property is located on undersized lot at 129 Avenue F it's in the tdo overlay of the R2 Zone it's an 1875 foot lot currently occupied by a two-story single family dwelling with a three-bedroom apartment on the second floor and an existing studio apartment behind the garage on the ground floor single car garage the applicant seeks to establish recognition of the second dwelling unit Rec and requires variance relief to that end uh the two family uses permitted the site is characterized by a number of existing non-conformities which the applicant would ask the board to include along with any other relief that may be granted tonight these include minimum lot area lot Frontage front yard rear yard sidey yard and lot coverage these are all related to the undersized nature of the lot none of these conditions are proposed to change and with the exception of planting a new Street tree no changes are proposed to the structure or site there's an existing compliant curb cut serving the garage and the existing Paving is in good repair the studio dwelling on the ground floor has a separate side entrance and also has a door to the rear yard and a door to the garage there's existing lighting at all three exterior doors the second dwelling unit triggers an increase in the off street parking requirement from two cars to three where only one exists it's not possible to create additional parking on the site due to the undersized nature of the lot so parking relief is requested the garage is roughly 14t by 19 ft in size making it compliant with our ordinance which allows for parking stalls as small as 10 by 16 1 12 ft in existing one and two family dwellings uh the planning report points out a note on the survey regarding the lack of an easement with respect to lot 11 which is the neighboring property to the South and I believe that this is uh likely due du to the apparent encroachment of the neighboring structure onto the subject property something that's also not expected to change as a result of this application in regards to flood Hazard while the preliminary map referenced in the planning report indicates a portion of the lot being situated in zone AE the flood map currently in effect shows the entirety of the lot outside of the flood zone which is how we've presented it I believe there's sufficient cause to Grant the variance relief being sought tonight uh with respect to the positive criteria the lot is exceptionally shallow with a depth of only 75 ft this is presumably what dictated the design of the structure as it exists today had the lot been 100 feet deep there would have been sufficient room to accommodate two additional parking spaces on the driveway that's obviously not the case the size of the lot makes providing parking for more than one car really impossible that's also worth noting that that the site is uh about a f minute walk from the 22nd Street Light Rail station as for the negative criteria owing to the fact that the property is already functionally a two family dwelling on undersized lot I believe a variance can be granted without substantial detriment to the public good and without impairment of the intent and purpose of the Zone plan or zoning ordinance that's it um do you know about when they converted this into an apartment as I'm assuming it was some sort of den or just wreck room I I actually have a uh I believe it was actually built this way um I unfortunately didn't keep a copy but the but the uh the applicant actually has the original drawings of the house from when it was built and it actually shows these rooms having been on the original drawings so why it was why it was not considered a two family when it was built I don't know but I believe it was built that way and I'm sorry I know the the the the city planner had a question about the easement what was I know you did me mention it so on the on the survey there's a note that says um something about their not not being any uh easement on file uh they refer to an access and EG egress agreement but I think that it's only because uh he picked up an encroachment of the neighboring structure the the house to the immediately to the uh South is over the property line by a couple of inches so there's an encroachment there and I guess there's no easement that that sort of allows that encroachment but it's I mean there's obviously doors so you can get to and from this apartment without having to go through the front correct correct yeah they've got more than three feet in between um any other questions for the board um the main entrance to to the apartment is just what was discussed correct there's a there's a side door which would be what I would imagine to be the main entrance is there lighting uh in that area there is a light there in your uh drawings on A1 100 I see uh the entrance from the driveway that you can go into the garage or up the stairs the main apartment correct okay on the um main apartment size there's another set of stairs leading up what does that lead to no that that's the same stairwell going down that's the top of the same flight of stairs all right because the door is in a different location on that at the bottom of the stairs that's a closet there's a closet so there's a closet above the the main entrance where the where the stairs would start below and then you as you arrive at the top the door into the apartment is okay further back I understand is there uh separate electrical meters and gas meters for the apartment uh that I'm actually not sure of I didn't check that I would imagine not I mean if your drawing's accurate there's only one there's one uh there's one boiler yeah but that's also not terribly uncommon you know to have shared utilities so then if there's no meters then the uh renter is prated on his rent from the owner I would imagine so I mean that's that's a somewhat common situation I think that's how it would normally be done any other questions from the board is is the unit currently occupied um it based on my visit it seemed like it was occupied so I'm curious to know how how is it occupied if it's not zoned to be two family have they been renting this unit absent of that approval and collecting rents the whole time that I'm not aware of that's that's beyond my purview I believe it was a mother that lived there and her son so it was people they're two separate UNS that what they were living together okay and it's currently unoccupied then or is it still the sun that's living there I believe the sun is living there I don't know if anyone's occupying the studio okay any other questions our professionals have any questions I don't think any further questions but um yeah the only construction is installing a street tree which is consistent with what we require ire for any kind of um any kind of residential development so that at least will improve the streetscape um and so I mean it's plausible that you would have like a I am press down the you have to press and hold low talker um reputation which you're now finding out yeah so um so it's certainly plausible that it would be like a you know like a mother-in-law um suite and so and if the mother-in-law has passed then they would be looking to to rent that piece out so it certainly it certainly makes sense that they would now need to approach and have that if you like um legalized so and I think it's instructive thinking about this that you know what the impact been on the neighborhood with having this extra unit here and to our knowledge there hasn't been any complaints issued to the city about the fact that there's this extra unit in the in the building thank you um assuming you have no other wi we don't have any audience I'm assuming Mr week's there doesn't have any questions um you want to give your some up I believe this is a good application and uh the benefit would substantially outweigh any detriment and for that reason I'm asking the board to approve this application thank you all right we'll go into close caucus um my opinion I don't generally like rewarding people who have built things in and then have since you know we we put an apartment in and now we're going to ask for forgiveness um I would like to have seen proof that it was built this way originally um lacking that I would not be in favor of um approving this uh Vice chairman Panero yes thank you Mr chairman I also have concerns about that issue um I don't know how as the applican uh Council and knowing that there's people living there and um letting that go on I mean I'm sure someone had to be aware of what's going on presently with the uh with the home as it is now and um I'm just I'm just you know concerned about that issue on that on I part of it um I was in favor of of it at that time but now knowing that there's people living and actually things moved on without coming to the board prior to uh to have that resolved so uh I would also be in agreement with the the chairman so at this time I wouldn't be uh I wouldn't be in favor of it at this time thank you secretary labari thank you Mr chair so I feel this is a great application but I also feel that same way that the chair in the vice chair feels because it feels like you got over on the city so I think if there is proof that it was built that way and of course maybe there was nobody there or that they already got fined for something then I would approve it but right now I look like I am going to stand behind the chair and the vice chair and I am not in favor of this application commissioner lombari um under the circumstances and what uh was represented on the record by Mr kowallik do we want to give them an opportunity to bring back the record I I would see that being appreciated yes uh Commissioners we can we can have uh the current owner come and testify uh to any we could have like a no vote tonight and postpone it yes that's right Mr we can adjourn the vote to the next meeting thank you commissioner do we continue with the caucus or uh if if we continue with the closed caucus uh do we we don't want to bring it to a final vote I don't believe it's it's within your discretion as to how you want to handle this at this point I think it would make more sense than to postpone for now let's get the additional evidence and then we'll we'll take it from there thank you commissioner so we're uh we're going to carry the vote bring more paperwor until the next meeting feary 24 they come after the fact so can I get a motion in a second to carry this matter till the next meeting well I'll make a motion to move it oh I'm so sorry I was too busy talking go ahead okay thank you so for an approval uh commissioner D ro hi s Calvin hi commissioner Ki hi commissioner luach hi commissioner El gari hi commissioner Garvey hi I vot I Vice chairman Panero hi chairman dulo hi um application post or postponed until February 24th thank you um next on the agenda would be item number eight the adoption of resolutions the first resolution though I'm going to bring to the board's attention is uh the adoption of the report on variance applications for the calendar year 2024 can I get a motion in a second to adopt that resolution I'll make the motion I'll second it vote and for a vote I guess commissioner D ro hi commissioner CIS Galvin hi commissioner kti hi commissioner luach hi commissioner algari I commissioner Garvey i i vot i Vice chairman Panero I chairman dulo I next would be z- 24007 William kaban the site is 67 West 18th Street block 224 lot 17 can I get a motion in a second to approve that resolution I'll make a motion to adopt z247 second and for a vote we got commissioner D Ros hi commissioner CIS Galvin hi commissioner kti hi commissioner luach I commissioner gari I commissioner Garvey I I vote I Vice chairman Panero hi chairman dulo I next would be z- 24-9 tpv property LLC 204 JFK Boulevard block 303 lot 18 can I get a motion in a second to approve that resolution I'll make a motion for z-2 24009 second and for a vote commissioner D Ros I commissioner sis scalin hi commissioner kti hi commissioner lubach hi commissioner algari hi commissioner Garvey hi I vote I Vice chairman Panero hi chairman dulo hi last resolution is z-20 d014 187 Broadway LLC uh 187 Broadway block 318 lot 18 can I get a motion in a second to approve that extension I'll move z-20 d0 14 correct I'll second it and for a vote commissioner d r ro hi commissioner CIS Galvin hi commissioner KY hi commissioner luach hi commissioner elari hi commissioner Garvey hi I vote I Vice chairman Panero I chairman dulo I uh no further motion uh no further resolutions if uh you'd like to adjourn you take a motion to that effect I'll take a motion and anonymously consent to adjourn and I'll second have a good night