adjustment. This meeting is held in accordance with NJSA 10 col4-12, the Open Public Meetings Act. I would like to call this order this meeting to order. Now, forgive me. I'm going to
our new secretary is um Mr. Pang Pangi Lee Naan. I did I say that correctly? Okay. I am going to ask um Mr. Pangly Nan um if there are any sunshine announcements that he needs to share with us.
>> Hi. Yes, Chair Coyle. Um in accordance with the open public meetings act, this public notice of this meeting has been sent to the Bergen record and SL especially as well as uh posted with the city clerk. I would like to enter this into evidence as B1.
>> Okay. Thank you. >> Mr. Secretary, can you please take roll call? Yes. Uh, >> thank you. Uh, Vice Chair Rubo, >> Commissioner SED, >> Commissioner D'Angelo >> here.
>> Chair Coyle, >> present. >> We have four present thus far. >> Thank you. Can we all stand for the flag salute? I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all. >> Okay. Uh do we have staff that needs to be sworn in tonight? >> Yes, we do. Yeah, four is I found out today.
>> Thank you. >> Okay, Mr. Secretary, is there any correspondence that you would like to share with us or any adjournments? You could do it from there if you don't want to run up and down. >> Sure. Thank you. Uh yes, we have three requests um to be carried. Uh first uh
for case Z 2024-000071 uh appeal of notice of violation for 32 Sherman place they've requested to be carried to December 11th 2025 with preservation of notice. The second is uh case Z2024-00001
preliminary and final major site plan with CND variances for 48 central avenue. uh they've requested to be carried to November 20th, 2025 with preservation of notice. And lastly, we have a case Z2025-0046,
a preliminary final major site plan with CND variances for 292 Arlington Avenue. Uh they requested to be carried to November 20th, 2025 with preservation of notice. That is all. So tonight, according to the papers that we have, the schedule the agenda for tonight, uh,
we're not hearing case 10, 12, um, and 15. >> That is correct. >> Thank you. Okay. Um, so for the public's information, um, I will not begin any hearings, uh, once it hits 10:00. If we're in the middle of something, I most
certainly will continue, um, if we're all in agreement. But, uh, we will not begin anything as even gets close to 10:00. Um, and also any public speakers will be held to three minutes and uh, Commissioner uh, Shahid will make certain that he uh, keeps time and he
will let you know when you have a minute left where you're speaking. I will remind you of that as we move through. Okay. Um, so um, since we're waiting for two more, we're going to start.
>> Okay. So we are going to begin this evening with um case number 14 on our number 14 on our agenda case Z2025-000047 for C variances at 162 Summit Avenue. Um I believe Mr. Harrington is okay. You're
not Mr. Harrington. I know that. Okay. Okay. Okay. Um, >> oh, good. >> Just in time. [Music] >> Okay,
>> I'll make it. >> Thanks. Yes, please. >> Thank you. Yeah. >> Yeah. I think it's All right, let's give that a shot. Coming up. The screen is supposed to change.
Who's here? Make sure everything is good. So yes, >> it's your inaugural meeting. Disgusting. >> Yeah. Oh, something happened. >> That should have worked. >> Do you see something on there?
>> Is it working? >> Yeah, I I got that flash I usually get. It's not. >> Let me see. >> Yeah, it's it's working. Yeah, we got it. >> Wait a minute. I don't have it. How is it? >> Oh,
>> every time I come here now, >> first thing I'm going to look at. >> I don't know. >> One, two, three, four. >> Okay, hang on. >> I I was only kidding. I know, but you never Okay,
>> I can't get in. >> Let me get you there. >> What's the code? >> Sorry about that. >> Yeah, all of this has to be >> I I know. I I I know it now. >> Yes. Sorry about that.
It should be connected to yours now. Um >> I did that. >> I'm sorry. >> Okay. Well, we could get started and I'll uh >> Yeah, you can share with your neighbor. >> Okay, >> we can share. >> Okay, let's begin. Thank you everyone.
Good evening. My name is Rebecca Mayerello. I am an attorney at Connell Foley. Um, not Chuck Harrington, but working my way up to that name. Um, um, we represent the applicant this evening, 162 Summit A, JC LLC. Uh, this
property is located at 162 Summit A, block 15302, lot 7. U, Mr. Leaglia, this is a notice case. If I may tender my notice and mark it as A1 for the record. >> Yes, you put that on the portal, right? Yes, this has been uploaded on the
portal and um Oops, sorry. Thank you. >> Thank you. So, this property is located in the R1 neighborhood housing district. Um, right now the property is currently improved. There's um a dilapitated building, a single family building on the property
currently. And as you guys could all see by looking at your screen, this is a very irregularly shaped flag lot. Um, what I will call like the entrance to this lot, it's about 7 ft wide and it goes down about um a little over 74 feet
deep until you kind of enter the bulk and buildable area of the lot. um for that reason that triggers the variance relief that we're going to request here tonight. So the applicant is um seeking prelim is seeking variance relief to
construct a threestory three family building on this lot. And the variance relief that we're going to request tonight is for the front yard setback. Um because in this zone your your the front yard of your building is supposed to match your neighboring properties
because this lot goes so far back. um it's impossible for us to comply with that requirement. Same thing for the rear yard setback. So the rear yard setback, the building's supposed to be set back about 25% of the lot depth. Also, it's just not possible
here because of how far back this lot is and um the depth of it. And you're you're going to hear more testimony on that from our architects and our planner. Um um we also are going to seek a variance relief for insufficient street trees. um
it's just not feasible. We don't have enough room here to put a street tree in front and also um as you'll hear from the testimony tonight, there's um some utilities in front of the property and it's just not feasible to do so. Um and with that, um I will present my
architectural witness, Jeffrey Lewis, uh to present his plans. >> Hi. >> Yes, I do. Is it your full name? >> Jeffrey Lewis. L E Wis. >> Thank you. Witness this morning. >> Thank you. >> Thank you. U Mr. Lewis, you've appeared
before this board many times. Correct. >> Uh yes, I have. And my license is active and in good standing. >> Okay. Thank you. >> Thank you. Okay. Let me just get started then. Uh so, as was mentioned, this is an extremely oversized lot located in
the R1. There's an existing one uh one family two-story building in the back of this lot. We are proposing to demolish that building and build a new three-story 3-unit building which will also be in the back part of the lot. Uh each of these three apartments is going to be a four bedroomedroom 2 and a half bath apartments. So these are larger
apartments. Uh two of them are 1476 ft and the larger third floor apartment is 1522 ft. So these are pretty big apartments. Uh the site itself is again what's called a flag lot. So you have this long what would be the flag pole
and then the flag at the back. Um, right now that flag section is only 7.27 feet wide. Uh, so it's currently being used as a driveway, but 7.27 feet is not even that's below the minimum requirement for a driveway. It's below the minimum requirement for parking. Uh,
it's not really a proper use. So, we're proposing uh to eliminate the curb cut at the front of the building. Uh, and this is going to actually add one street parking space combined with our neighbors uh curb area. Um, we're going to do new concrete curbs
and sidewalks. As was mentioned, we just don't have the space to do a new street tree. We have to have all of our underground utilities coming through here. And with the clearances that you're required from a tree, it's just it's just not physically possible to do it here. Uh, that what was a driveway is going to be converted into a walkway.
Um, we're finishing this with open grid pavers. These pavers are half grass, half uh concrete. I do have a photo of them. If anyone wants to see them, I can show them to you at the end. Um, we're also lining 10 new raised uh planter boxes along the right side property
line. And these will each have a new shrub in it. And again, this is just to make sure that this is used as a walkway. Uh, we do have the minimum 5 ft in between the planter boxes uh and the property line. So, it won't be a problem walking there, wheelchair through there,
ambulance uh not an ambulance, but you know what I mean. Um, stretcher going through there, everything. there's there's enough room for the ADA compliance. Um, moving back, so we would walk down this long walkway, then we kind of have an open courtyard in front of the building.
Uh, the building itself is set back 3 ft on each side as well as at the back. And then it has a 5ft setback from the property in front of us at its closest point here. Uh, all of those sides are finished with just a concrete uh, patio.
Um, also the last thing I have to mention here is that we do have a 6ft wood fence which wraps around the back of the property through here and all the way around to the front of the courtyard here. And with that, I want to jump into the
floor plans. So, this is our first floor plan. And I want to start on the right side. Here we have a sprinkler room as this will be a fully sprinklered building as well as the trash and recycling room. Both of them are on the outside. Well, they're in the building, but they're accessed from the side
alleyway, and they have doors at the exterior. Uh the main entry is uh directly uh from the walkway, you get to the main entry. Uh we have a very small lobby uh which uh gives you access to the stair up. The rest of the ground
floor is apartment number one. As I mentioned, there are four bedrooms, two and a half baths. Those are all located in this area. We also have washerdryer in the unit. Uh we have open living dining and kitchen area. And then we also have
sliding doors off of that living room which open out to what would be a patio in front of uh that living room area. Looking to the upper levels. The second floor is here at the top. It's actually the exact same layout as far as the apartment is concerned. Uh the only
difference is uh we kept those sliding doors but now we have a 5 foot deep by 20 foot wide balcony that those doors are opening to instead of the patio obviously. Then again moving on to the third floor we have that exact same layout as the second floor with four bedrooms, two and
a half baths and the balcony in the front. The only difference here, this is slightly larger as we modified the stair a little bit so that we can have a private staircase going up to the roof. And we're going to have a private roof deck for this third floor apartment.
And so here we are on the roof plan. Uh we have a 413 ft roof deck which is only for apartment number three. On the left side we have 94 square ft of green roof trays. And then we also have our three air conditioning condensers on the roof here.
Uh moving on to the building elevations. This is the front elevation of the building. Uh our main finish is a dark gray stacked brick. We also on the right have this large section of fiber cement panels which will be gray in color. And we're using the cedar brown fiber cement
panels uh in between our doors and as an accent uh for our windows in the stairway. Uh we also have black aluminum frames for our windows and doors as well as black aluminum uh balconies uh the railings, excuse me.
Uh this is the rear elevation. It's pretty simple. A dark gray stuckco base with dark gray vinyl siding above and those same windows that we have in the front with black aluminum frames. And then here we have the two sides. Again, we have the same finishes as the rear. Uh the only additional item we have here
are these two solid metal doors. And these will be uh black in color. This one is for the trash and recycling. And then this is for the recycling area. Tra, excuse me, the sprinkler room, sorry. Um, and that's actually my presentation.
I can answer questions. I can show you that detail if you like or we could just move on to planning testimony. Whatever you prefer. >> We'll hold out questions till the end. >> Okay. What do you want? >> Is that good enough? >> I can just do that.
>> Sure. No. >> No. >> I could if I do this. >> You need to see the end or you want to see that? >> That's fine. the testimony. >> I do. >> Please take your phone. >> It's Carolyn Worstell. W O R S T E L L.
>> Thank you. Witnesses. >> Good evening everyone. >> Good evening. >> Uh just to to start it off, my license is uh current in good standing this evening. >> Okay. Um so as was mentioned, this is sort of an unusual lot. We don't get a lot of
flag lots here in Jersey City. Um, so there are a couple of variances that we are requesting that are really stemming from the fact that we do have this very unusual condition for this lot. Um, the first one is again that front yard
setback. So in the R1, you're all aware the way that the requirement states is that you must match an adjacent property. It's not a minimum, it's not a maximum, it's you have to match somebody. We can't do that. Uh you know the uh pole portion of this is 7 feet
wide and around 80 over 80 feet deep. Um so you know we can't build in that 7 foot area. We cannot meet that standard. It is a hardship for us. Um so what we are doing is we are you know taking that
uh we're pulling the building back. Um we are going to provide you know that setback at the five feet um from the rear lot line of lot five ahead of us um and to sort of create that space back there but obviously we we cannot comply with the front yard setback standard. We
are going to be uh we're going to exceed it essentially. Um similarly with our rear yard setback um the rear yard setback the way it's calculated to determine what you're required to provide is that you have to
do 25% of your lot depth. Our lot lot depth is um about 132 feet but as we mentioned about 90 of those feet you know that pole we can't build there. Um so when you look
at um applying a strict standard here um the 25 ft lot depths would mean that we had the 25% of the lot depth would be 32.9 ft. Um and the rear portion of our our property where we can actually functionally build is really only um
about 42 feet deep. So if we were to have to comply, we really we can't because we would then have, you know, only a couple of feet in which we could build and that's just not not feasible. It's not functional. Um so it really would be a hardship to to provide to um
have the strip strict application of that rear yard setback here. Um so we are providing um a three-foot setback along um the rear of the property line. Um and
we are still able to provide I think we adequate light and air and open space um you know directly to the rear of us. Um there are some um accessory rear yard structures and whatnot. So there there is space between our building and the buildings to the rear of this property. So, we do believe that we can provide
some uh adequate light in air. Um, and we are still providing open space on this property. We're just sort of providing it as the front courtyard here. Um, and again, that just happens to be where we can provide it on this property given its unusual
configuration. Um and then um obviously we we heard about the fact that we are requesting a variance for the street tree with the with the uh the um frontage of only 7 ft. Um we really as mentioned we we
don't have space to provide a a street tree. In fact I don't even think we're as wide as a standard tree pit. I think a standard tree pit's 10 feet wide and we're only seven feet. So we are requesting relief from that uh requirement um so that we do not have to provide street tree. Um and then finally
um in order to be uh uh very conservative u we are going to ask relief for the roof deck setback. Um we are proposing a roof deck on the uh upper roof. Um the
requirement is that you have to have a 10-ft setback from your front facade. Um because our front facade has variations. Um it's not a straight across facade. Um, we do have that step back. We are 12
feet set back from the uh sort of the the the widest part here. This is a 12t set back. Approximately 12 feet. So, we are 12 feet set back from this facade. Uh, but we are not we don't have a 10-ft setback from this facade. So, we are
requesting relief. Uh, just to be uh very conservative. Um the intent of the requirement of having that 10 foot sent back from your front facade is so that your roof deck isn't really visible from the street and we're obviously we're a flag lot. The building's not really
visible from the street. Um so the roof deck, you know, we we don't feel that there's going to be a substantial impact. It's still meets the intent of the requirement. It won't be visible from the street. Um and it it's still set back from, you know, the neighboring lot lines as well. So we think overall
that that it meets the intent of of that requirement. Um I think overall this project does advance the municipal land uh municipal land use law. Um it's a uh you know uh consistent purpose A. It's a an appropriate use. It's a residential use
in a residential district. It's consistent with purpose E and appropriate population density and concentration. Uh you know the three family use is a permitted density on this lot. We are um the lot is 3,787 square f feet. So it is an oversized
lot. Um so we are consistent with the the the density and then we are promoting that uh desirable visual environment consistent with purpose eye. Um again it's removing a home that that's not in good condition. removing that uh curb cut and driveway which are
really not um ideal conditions and creating um you know a new uh more attractive building and again adding some of that um landscaping along that driveway uh walkway area within the pole. Um so I think I think we meet that
purpose as well. Uh in looking at the negative criteria uh the requested variances will not result in a substantial detriment to the general welfare. Again, this is a residential use uh consistent with the the character of the neighborhood. Uh the height and
bulk um in terms of coverages um are all conforming. Um we are just requesting those variances because this is an unusual situation with a flag lot. Um we uh are I don't see this resulting as substantial impairment to the intent and
purpose of the zone plan or zoning ordinance. again, um it's advancing that that goal of the R1, uh you know, to to provide for um housing within this district, um as well as to the the New Jersey City master plan to provide unique, attractive, and quality
residential development. Um so, I think overall, uh the project can be granted and that it meets both the positive and the negative criteria. >> Okay. Thank you. Do you have anyone else to >> No, that's it. >> That's fine. Okay. Okay. Um at this
time, um is there anyone from the public sector who would like to come forward, comment, um talk about this project? If so, please come up to the podium. Okay. If not, then I'll close out the public portion. Commissioners, do you
have any comments, questions? Um I I have a question. And uh you said that you would share with us a picture of the walkway, what it would look like. I'd like to see that. >> And also, do you have a picture of the overall neighborhood, what it's around, and what the other buildings look like? Because black and gray uh is awfully
dark for a building depending on the rest of the neighborhood is black and gray. >> Yeah. >> Um I don't have one with me. I could I could go online and bring the Google the streets view up. Let me just get but this is this is what
the pavers look like. >> So you can see they're half and half and there's grass growing through each of those sections. >> And I think um just for the purposes of clarifying the record, let's mark this as A2 um a photograph of the proposed pavers.
>> Yeah. I can't I can't see. I didn't think Wi-Fi is slow. Come on. >> What is this? >> I'm sorry. >> That's okay. You can keep looking for that. But at this time then I would ask uh the uh planner from the city to
please comment. >> Sure. Staff agrees with the testimony provided by the applicant. Uh, the application furthers the principles of the land use element of the Jersey City master plan, including ensuring that the city's availability >> Excuse me. Is your mic on or I can >> It is okay.
>> Yes. >> Um, that the city's available housing is balanced and meets the needs of all current and future city residents. Uh, as well as the purpose of the R1 neighborhood housing purpose of preserving streetscapes. Um, and staff recommends approval provided that the
applicant agrees to the conditions in the staff memo dated September 9th. >> And the applicant agrees to all those conditions. >> Great demolish. >> This is really slow. >> Nice.
>> Any luck, Mr. Lewis? >> It's really slow. Um, sorry. And if I may make a suggestion as well, um, we could certainly add another condition of approval that we would work with planning staff, um, to match the colors that they believe, um, are compatible
with the neighborhood. >> Okay, that would be agreeable. Yes. >> All right. Staff will agree to that condition. >> Okay. >> The exist That's just our neighboring building. >> Okay. So then we have the picture. Okay.
>> Yeah. Sorry, this is the internet's just not connecting. >> Okay. As long as you're agreeable to that. Okay. Because we just pulled up the pictures ourselves, so we saw it. Okay. >> All right. Does do any of the uh commissioners have any other comments at this time?
>> No, I I agree with um Chairman Coyle that it should be a little lighter because it doesn't even match it doesn't match the rest of the houses. Um, I I can't, you know, I can't even I can't imagine the way it's going to look. Like, I wish you really had a picture,
right, >> of how you you're gonna do all of this because I can't see it. Like, I can't picture it. >> So, you're going to push everything back and you're just going to have this kind of pavers all the way in the front. >> The pavers. Yeah, the paver. >> Tell me the pavers. I already saw the pavers.
>> So, the pavers are going to go all the way from the front down the walkway to the building. >> Uhhuh. And then the building will be basically where the building is now in the back area of the property. >> It's it's almost like a carriage house in the back. >> Yeah. Right. It's like a
separate like the yellow brick road kind of thing to the back. >> Okay. >> The back of the house is actually >> facing the beacon. Correct. Or on on the other >> Well, there are other properties separating us from the next street. >> Okay. I'm just looking at the Google. So, it's like >> Yeah. The beacons on the other side.
>> Yeah. All right. Okay. Okay. All right then. Thank you. Now, did Peter make it on time to vote? >> I wasn't paying attention. >> I know. Um I'm just We have I You know, Mr. Slicky came in, so you have him. Mr. Baron came in, another commissioner. Did
you make it in time for the very beginning of the presentation? >> No. >> Okay. So, then five of us will be voting on this. Okay. Okay. So, at this time, Mr. Secretary, can you please take um can I get a uh motion to vote on um
case Z2025-000047? >> I'll make the motion to uh vote I on case Z205- Z0047 >> with conditions >> with the conditions as indicated just now. >> I second.
>> Okay, Mr. Secretary, please take >> Yes. Chairman McCo. Um, Vice Chair Rule, >> yes. >> Commissioner Shadid, >> yes. >> Commissioner D'Angelo, >> yes. >> Chairman Coyle, >> yes.
>> Motion passes 40. Blicki. Oh, sorry. >> Yes. >> Commissioner Shablicki. >> Sorry. >> Okay. Thank you. >> Thank you everyone. >> Thank you. >> Motion passes 5. >> This is a strange Yes.
>> Okay. Okay. Our next case, we're going for case number 13, Z2025-000052. It's 365 Fifth Avenue, I guess, and a half Fifth Avenue. >> Yeah. >> 364 and a half Fifth Street.
>> Yeah. 364.5 Fifth Street. Okay. Wow. >> We have some of these funny half addresses in uh Hamilton Park in the village. >> All right. Thank you. I wasn't expecting that, but I appreciate it. Thank you so much. Uh Steven Joseph Castano Quigley
Chami for the applicant. Um this project uh may look familiar. Um there was an approval directly next door. Very similar size lot. Um, this has a handful of variances associated with the how
undersized the lot is. It's very unders sized and the slope on the site is uh also pretty significant. Um, this is a notice case. So, if we could mark uh notices please. This will be A1.
All right. So, this will be a four-story single family house. Um, Jensen is going to get sworn in and he'll walk you through the plans. Do you >> do >> Jensen Vasil V as in Victor as I
>> great. So Jensen, why don't you walk us through the plans uh in the zoning table? These plans were uploaded to the portal um uh 10 at least 10 days prior to the tonight's hearing. >> Sure. >> He's been before us. >> Oh, I apologize. Yes, Jen. Jensen has been before this board many times.
Jensen, your uh license is current good standing. >> Yes, it is. >> I would ask the board accept his qualifications. >> Thank you. >> Uh good evening uh commissioners and and chair. Uh my name is Jensen Basil. I'm the architect for the project at 364 and a halfth street. Uh as Mr. Joseph
introduced, we uh previously were here last year for 364 Fth Street, the building uh directly to the east of it. Um they are identical buildings on 12 1.5 by 50 foot lots um with uh one minor
uh exception which I'll get to. Um so the bu it's a single proposed building is a single family house. Currently this is the empty lot. There's a building that occupies 364 uh the building adjacent. Um these buildings
will be built uh in conjunction so that the building uh on the adjacent lot is which encroaches on this vacant lot is torn down and then they're both constructed so they're conforming within their lot their their actual t um zoning
lots. Um the proposed building is um the lot coverage is 83.5%. Um which is a reduction from where the uh the current lot coverage u the current lot coverage or building or the building
sorry it is an increase of the building coverage from 68% to 83.6%. >> From uh from 60 from 68.23% 23% um to 83.5%. It's um it will match the adjacent building. Um the building is being
raised or elevated out of the flood plane um above the designed flood elevation and um there is a uh we're proposing in the rear yard which is uh pretty dimminionative. The rear yard would be a
detention tank, storm water detention tank underneath the patio. So when you walk out um from the first floor, the first floor is a few feet above grade because of the where the flood elevation is. Um that would actually be a uh a um infiltration basin for rainwater
collection. >> And Jensen, if you don't mind just zooming in on the zoning table and just noting the the several variances, C variances we're seeking this evening. >> Absolutely. So the uh we are here the obviously a non-conforming lot uh here for building coverage variance uh C
variance and here for a lot coverage variance uh >> oh I see >> which is also a C variance rear yard which is a C and the landscaping requirements which are a C. >> So there's four variances. >> Great. Thank you Jensen. You could uh
>> continue into the into the plan. >> Sure. So on the next sheet Z2 uh there's a in the upper leftand corner there's an aerial showing the vacant lot which is the subject property um as well as from the rear uh showing
the u vacant lot and the adjacent buildings uh which extend back with the uh the garden behind it. on the next sheet Z3. Uh the floor plans on the ground floor, living space, uh
kitchen, dining, living room, uh the stair uh switchback stair in the middle, and then on the uh second floor, two bedrooms with uh with a bathroom. Third floor, the two bedrooms again. And then
the the uh the top floor, there's like a wreck space in the front and and another bedroom. Some of these bedrooms would be used probably as offices um just for the home offices just given the uh u size of the building and the and uses uh might be a little different for everybody. Um
and then finally at the top floor there is a uh a small roof deck in the in the rear and the front has uh green has green roof the uh expansive green roof. I'll mention the one uh variation
uh from this building from its uh sister building is the light well. So there is a light well being proposed against the adjacent building due to an existing window. Um there's a a photo of that. Um
you can see it on the um if I zoom in on the on the addition. This is it's to the building to the to the west of it. There's an existing window there that we're going to preserve and and um and keep a window well open for them. That window well is
uh three feet uh three feet in depth and uh 5'6 in length. >> And and Justin, that's a that's a pre-existing window on the adjacent building, which uh this property owner does not own that adjacent property. That's correct. Different property owner.
Uh so with all of this building, the actual area is uh 2,88 square feet total total building area. Um the front of the building is brick with a uh a small bay box bay projection which is um out of
aluminum aluminum uh panels with um aluminum clad windows. K. Uh, aluminum plaid windows there as well as um a small fenced area in the front that would have a space for um the u
recycling trash and um flood vents um and some landscaping. Um, we are keeping there's a stoop that uh was a stoop that's necessary from the uh from in the public rightway that's
necessary to get to the uh to the first floor. Uh so we're that's a masonry stoop um to match the to match the rest of the uh the building. The uh side of the building is on the on the um east side is completely uh covered by the new
building, our new building. And then on the west side you can see the outline uh on sheet Z4 uh detail four the adjacent building there um which has the light well and the light well is uh is outlined. >> And Jensen, while we're on the
elevation, can you just um describe how how the flood zone affects the height of the building? >> Uh sure. Uh the flood zone is um is 4 feet 4 foot eight in from the uh from the sidewalk level to the first
floor at the front of the building. At the back it's slightly uh slightly deeper. It's almost 6 feet. Um so that elevation is required to get to elevation 11. Uh we had to elevate the uh the first floor underneath that. There's no uh there's no enclosed space.
It's just um flood with flood vents so that the flood water can move in and out. >> Thank you, Johnson. >> You're welcome. Um finally, on the back of the building, uh back in the exposed sides, we have a um a a stucco in a in the Benjamin Moore comm
um a kind of a a whitish beige. Um there is a small balcony uh balconet, I should say. Uh not a stepout balcony, but a sliding set of sliding doors with a guardrail in front of it uh for each level. And at the ground floor is that is the
patio um the patio elevation the patio in the back which is uh also forms the uh the storm water infiltration tank. The uh the last sheet shows the uh Z5 shows the uh the details for the gate in
the front. The uh the railings, the cable rail, which is minimally uh visually invasive, the extensive green roof that would be put on the main roof and the uh the pedestal style um uh decking system for the for the roof deck. Uh also there is a um AC for the
for the mechanical equipment. There's both uh visual shielding with the um with the e with the wood around it and also a uh sound attenuation inside of it to focus the the the um any noise from
the AC unit skyward. That is uh that concludes the uh the drawing presentation and I'd be happy to answer any questions. >> Uh do you have other pe anyone else to present to us tonight? >> We do have some brief testimony from our >> Okay. So we'll hold our questions till the end.
>> Great. Thank you. >> Thank you. Yes, I acknowledge that I remain under oath. >> Um so good evening again. Um so again, uh this is 364.55th Street. Um so this is again sort of an
unusual lot. Um it is severely undersized. It is 12 1/2 ft by 50 feet in depth. uh at so for a total lot area of 625 square feet. So this is obviously like a quarter of the size of a typical lot that you would expect to see in
Jersey City. So it's it's severely undersized and that um sort of relates to a lot of the variances that are being requested here. Um so I'm going to start off with uh the fact that uh we're requesting a minimum rear yard setback. Uh we're
proposing a rear yard setback of 6.5 ft which is 12.92% uh where 30% is required in the AR in the the district. Um that 30% row yard setback on a property this size would yield a building envelope of only or of
building footprint of only 457.5 square ft. Um therefore it's it's a hardship to provide that full 30%. Um, just for reference, on a conforming 2500 foot lot, the 35 the 30% uh setback
would allow for 1,750 ft. So again, you can see this is such a small lot, it really to be conforming would constrain the size of the building to a point where it just really doesn't make uh
feasible sense to to build. Um we are providing um uh we are that that um setback is again it it's for the upper floors. Um I do want to spec to mention that is uh we
are providing that patio out the back that is a constructure that is a structure that's in the rear yard. Um, so I think actually technically our rear yard setback is zero feet to the patio and it's 6.5 ft to the rear of the
residential portions of the structure of the building. Um, even with these uh the requested setbacks, we do believe light and air is still preserved to the core of the block. Um, again, this building um is on a a very shortened site. There are
buildings around it which are um are larger go deeper. Um let me see there's a picture here. Um so as you can see here um again the buildings which are um further
uh east um they go deeper into the block um because those lots are deeper and so those buildings go back farther. um our building uh you know will not go farther back than those. Um and we're still providing that light and air into the the center of the block. Um and and
there will still be the light and air to the um the garden behind us. Um again relating to this uh rear yard setback is the requested building coverage and lot coverage uh variances.
uh we are proposing 100% building and lot coverage um where uh the requirement is 70 and 80% respectively. And again the complant coverage would really be an undue hardship here given the undersized character of this property, the fact
that we're in this sort of um flood hazard area. So what we're trying to do here again is to create a building a footprint that is creates livable spaces um while still meeting the intent which is to um again allow for that light and
air and also to address storm water. Um we are proposing that storm water detention system in the rear um as well as the green roof system um which would be about uh 16% of the total lot area. So I think overall we're still providing
those benefits um of reduced coverage um which are the the storm water benefits uh through this design uh just with alternative methods. The other variance we're requesting is front yard landscaping. Um
so this project is not using any of the approved landscaping materials which are reinforced lawn, ground cover, rain garden, biosail plants. Um we are asking for that 100% lot coverage. Um but we are again the the intent of the
landscaping is to address storm water issues and we are addressing those through the the uh detention stake uh in the rear yard as well as the um green roof on the on the roof. Um this project will have a green area ratio of 1.6
which is well above the required 0.25. Um so again we we are really meeting that intent which is to address storm water. Uh and then finally uh I think just to be um
very conservative, we do have a front yard encroachment uh for that main main eress stair uh that does project beyond the property line into the public right of way. Um it is in keeping with the existing
character of the block. It is matching the sister project next door which has already been approved. Um so again this is uh necessary to accommodate that egress of that elevated first floor um which we are required to provide because this is new building in a flood hazard
area. Um so again we we don't see this as being um presenting a a detriment. um it's necessary and it's um consistent with the character of the block and and the adjacent property. I think overall the municipal land use
law uh this project advances the man municipal land use law. Uh it's an appropriate uh use for a new single family home in a residential district consistent with purpose A. Um it's uh consistent with purpose B uh to secure
from safety and flood uh and other natural and man-made disasters. Again, this is a a new building. It must meet new and current uh flood hazard area requirements, which is why everything has to be elevated out of the flood
plane. Um so we we are um it is consistent with purpose B. And then it's consistent with purpose I. Um again it's going to be a new uh single family development that maintains a character and scale uh uh permitted in the in the
zone um and um again provide a a replacement for that that driveway. Um I don't see this resulting in a substantial detriment to the general welfare. It's a residential use in a residential district. uh and in keeping
with the unique undersized character of this lot. Um and it doesn't result in a substantial um the variances here are really related to that hardship which is this is such a small lot. Um and so we really do
request this relief because um it's important so that you can create a a livable building area. Um I don't see that this would result in a substantial impairment to the zone plan or zoning ordinance. Uh the use height um uh are all uh permitted. Uh
the storm water management infrastructures um that's being proposed uh I think provides a substantial benefit here um and is really critical in aiding uh the burden of um the in this floodprone neighborhood. So I think overall both uh variances uh can be
granted and that both the positive and negative criteria have been met. >> Great. Thank you Carolyn. Um that that does conclude our direct testimony. I think what you've heard from the professionals is that we did the best that we could. Um it's an undersized lot. There's a grade difference between the front and the rear. There's a lot
line window we have to work with. It's in a flood zone and we've uh done our best to mitigate the the variances with green roof with a stormwater detention with a window well. >> Okay. Thank you. Um, is there anyone from the public sector here tonight that needs that wants to comment on this
project? Okay, I'll close out the public portion of this uh meeting. Um, commissioners, do we have any questions or concerns or comments? >> I don't quick question. In the picture, there's a car there. Is that a driveway
now? Is it being used as a driveway? >> It's being used >> for which house? Like >> um >> or for just somebody? >> I I I'm not sure. or I know cars park there. Um I I I don't know if it's currently being used by either of the houses there, but uh I think several
cars do do park there. >> Okay. >> I have a question. Um it was mentioned that the building protrudes out into the pedestrian walkway. How far out is that coming? >> Jensen believe it's 30 in. It's marked here. Uh
it's 18 18 inches. So on on sheet uh Z3 it is one uh one foot six inches or 18 inches into the uh public rideway. >> 18 inches. >> Correct. >> Okay. And the height of the building >> height is 42 feet which is compliant.
>> Okay. >> Above above the flood elevation, right? Okay. Anyone else have any other questions? Okay. Um, can we hear from the staff, please? >> Um, certainly. Thanks, Chair Coyle. Um,
>> Jensen, could you confirm for me the width of the sidewalk after the encroachment in front of the right of way? Just want to make sure it's accounted for. >> Uh, I don't see it marked on here. I can get it for you. Just give me one second.
>> Yeah, no worries. Um, >> you know, when I was reviewing these plans, I didn't see any substantial impairment, but since the encroachment was brought up, I just want to confirm. Um, while Jensen's doing that, um, Mr. Joseph, um, is your client intending on pursuing
a franchise for the encroachment? >> I believe we would have to. >> Okay. Um, so staff did produce a memo. Um and in that memo there are five recommended conditions and I'm also going to recommend a condition um of obtaining the required franchise.
>> No issue with uh any of the conditions in the staff report or the added condition of the franchise. >> Okay. Um with that being said, um staff substantiates the accuracy and validity of Miss Wel's testimony, believes the positive and negative criteria are met,
and staff recommends approval with the conditions. >> Okay. Thank you. Um, at this time I am asking for a motion uh to vote on case Z2 025-000052 um 364
and a half fifth fifth street. I'll make a motion to uh approve uh case Z20025-000052 364 Fifth Street and >> um I have before we take the vote um
Jensen, did you have >> Yeah. 15 15'9 in. >> Okay. So, a very generous sidewalk. Okay. Thank you. >> Yep. >> Okay. >> Okay. Can I get Can I get a second? >> Second. Okay, secretary, please take vote.
>> Yes, chair. Vice Chair Ruo, >> yes. >> Commissioner Shadid, >> yes. >> Commissioner D'Angelo, >> yes. >> Commissioner Baron, >> yes. >> Commissioner Chiplicki, >> yes. >> Chairman Coyle, >> yes.
>> Motion passes 6. >> Thank you all. Have a good evening. Thanks for taking me early again. And then leave it in the rest. Do >> you need a break? >> Yeah. Okay. >> Okay.
>> We could start waiting for him to come back. >> Uh, sure. Uh, you could just >> I'm doing number two. I'm doing uh 30 Decal Avenue because that's where we'll be speakers, I think, from recess.
>> I know. Is this Iris or Bridget? Bridget. >> Bridget, we just um we're waiting for the other Iris rather waiting for the other two people to come back. I know very interchangeable. Okay, our next case is going to be
Z2024-000076. It's 30 Decal Avenue. Just waiting for the other two commissioners to come back. We're just going to wait one minute for the others to come back. Thank This one. >> Okay, we can begin.
>> Good evening, Madame Chairman, members of the board. My name is Ronald Shalgy and I'm with the firm of Schuman Hanland and I represent the applicant in this matter. >> Okay. >> Um, this is an application. It's a notice application and I gave Mr. Leagley
the notice. >> A1. >> Thank you, Mr. Leagley. This is an application to build a three family home on an unusually configured lot on a deadend street.
My client is not a developer. He's a resident of the neighborhood and he's been a resident of the neighborhood for many years. And uh he intends to build a house and an artist studio uh for himself and his
family on this location. In 2013, uh I stood before this board in the presence of Mr. Leaglia and this board granted on this property uh a use variance for a three family
house and it was never built and my client purchased it uh from I guess that person. Uh so 12 years ago I was here, Mr. Leagley was here and I was here 12 years ago. So it's been a long time, right?
miss a long time. >> You will hear uh we have four prospective witnesses. Uh Richard Iskard, who is the owner of the property, will be the first witness. And he is the the owner of the property, and I'd like him to come forward and be
sworn in and tell us a little bit about himself and his family and what he intends to do on this property. Mr. Isar, >> thank you. If you raise your right hand, the whole truth. >> I do. >> State your phone. Please spell your
last. >> Sure. Richard Isgard. ISG AD. Keep your voice up. M. Sorry. Speaking to the microphone. >> Thank you. >> Hi. Thank you everybody for uh sorry hearing uh this application tonight. Um
my name is Rich Isgard and myself and my wife Sharon the back seat there. Um actually we're uh um we are the owners of 30 Decalp and appreciate um you hearing us from us today. So we um own two condo apartments in 38 Highland
which is a butts this property on the western side of Decal at the rear of uh 38 Highland. Um so we we um we live in one apartment and my son Paul and his fiance live in the other apartment. They're right next to each other. Um, we
bought our first apartment over there in 2007 and that was we lived in the suburbs and I wanted to avoid the long commute to the city. And then in 2016, we were lucky enough to get the apartment right next door. And so what we did was we
moved, we sold our home and we the whole family, me and my three kids were all in their um early 20s, we moved up to 38 Highland and they were going to school up in the area and working. Um in 2017, a year
after we all moved up there, we bought 30 decalb and I think we can uh take a look at the next slide. This the lot we bought was a empty lot. Oh, I Oh, I Oh, can I do that? Oh, perfect. No, I can do that. That's fine. >> We'll just click that.
>> You can see it was an empty lot. It was a real It was really just an eyesore. It was weedy. It was rocky. It was um an absolute It was really an absolute mess. And so, my wife, my kids, and my friends, we got to work to clean up this
lot. We were digging out rocks with crowbars and shovels. Um it was a it was a real it was a real um >> let's see. Okay. Go ahead. Sorry. >> First thing we did was we stockpiled as
you can see the rocks. We had slate, we had stone, we had concrete um pieces, we had all types of things that we dug up just so we could just, you know, use the lot. And over the next bunch of years, you know, I I landscaped the lot. I
really I I would say I transformed that lot. In the front you can see we put in a shed. I put in these lawns, you know, from seed, you know, using, you know, the material, planted perennials. We had an area for barbecue. Um, you know, with the park cars. You could see in the back
there. I had a beautiful um vegetable garden. I always like to grow vegetables my whole life. It was really just a beautiful um became a beautiful place. So, uh, just across from Decal at the Dead End is an art gallery, the Yanta
Art Gallery, and they show art by local artists. You know, I've been in one of their shows, and they asked to put a sculpture from one of the shows into my lot, and you can see that beautiful uh, sculpture made out of fabric. It was really kind of cool. Um,
great. At the end of decal, you can see the lot is on the right. At the end of decal, there really was nothing there when I got there. So, what I what I did was I took all those rocks are from the lot that we dug up, believe it or not. And I got top soil, planted rose bushes,
and made a real beautiful place. It's kind of like I would say like an oasis in the neighborhood. People come and uh they take pictures. We've even had people take wedding pictures back there. Really just a very pretty pretty spot. Okay. So, um on the north side of the
lot, you know, most of the length of the lot is the Spear Cemetery. It's an abandoned cemetery. Um and a not a nonprofit group right now is uh maintaining the cemetery. I think someone from that group is here tonight. Um it's and they're doing a beautiful job. Um they have periodic events there,
you know, for the public to come. Um and I' I've been involved in the past in um helping out on the cemetery. You can see this image is uh um it's a it's a brick entrance way that I designed herring bone design 10 ft by 14 ft that I designed and installed at the entrance
on Broom Street. Um go to the next one. I've also been involved and you can see another Facebook uh um posting. That's me with my lawn mower um mowing the lawn over there. Um, so a year and a half ago
I called Nicole from GRO and about possibly building, you know, a house and I told her about the property. You know, it's a just a very unique property, a green space, um, surrounded by backyards and the cemetery. And I told her one
thing that was most important. I wanted to build something that was architecturally interesting, a beautiful house for me and my family, you know, to use. That was the most, you know, important thing and and here we are today and we're really, you know,
excited to show you all the plans and we think it's going to be a very positive thing for the neighborhood. So, I I I appreciate your um hearing from me. >> Thank you, Richard. Thank you, >> Nicole. Yes.
Hi. >> Yes, I do. >> Nicole, N I O L E Robertson. R O B E R T S O N. >> Okay. Um, yes. So, as uh as Richard explained, uh he contacted us about a
year and a half ago uh to design a house for the property. what we're presenting today. Actually, I'm going to back up a little bit and uh look at the history of the lot and talk a little bit about the unique aspects of this property. So, 30
Decal is a 4,44,446 square foot lot, which is pretty big actually, located at the end of Decal Avenue, east of Van Rapen Street. Um just south of the Spear Cemetery. Um, it is super unique. As Richard said, it's really a magical magical location, but
it's been uh, you know, uh, I guess empty for for a long time with the exception of the improvements that, um, Richard Isgard has made over the years. As Ron mentioned, um, Mr. Sheldon mentioned, uh, there was an approval for the property in 2013 for um, a
three-story, three family development, which uh, sought several variances. Actually, there were sideyard and rear yard variances for this. It was really a very boxy kind of shape. I think there was a lot of resistance to this in the community, but it did um get approved
with variances as well as parking for three um three cars were approved on the site. Now, of course, this has expired, but what did come out of the um the approval was subject um it was really subject to an investigation um into the
cultural resources um of the site because there was concern about its adjacency to the Spear Cemetery. And I wanted to share that, you know, we did take a look at that report that was prepared in August 2013 which did show and I've zoomed in on a section here because I know there's been some
discussion about, you know, what occurred on this site and that report showed that through a cardographic analysis and geohysical investigations led to the conclusion that it is unlikely that the subject property was used as a cemetery. Um, there is no
evidence that archaeological or human remains are present. Uh most recently in December 2024, as part of uh the owner's due diligence uh to be sure that he would have no surprises in developing the property, we
did have a a geotechnical report also conducted um where there were seven test borings and four test pits uh dug and similarly this concluded there was um there were some uh fill materials um you know concrete fragments, asphalt,
steel And I think there were some stone pillars. Um but nothing of you know archaeological or human remains kind of significance. Um the location of the site again I'm pointing out its unique location and also just the history of the site. Again
um the Spear Cemetery is highlighted in green in the zoning map and you can see uh 30 Decal is here adjacent to it. And I'll just read this actually because it's it's very interesting. Um, Abraham Spear, a local undertaker, bought the Spear Cemetery property from the Deontat
estate in 1857 and turned it into a public cemetery. Abraham Spear also owned a separate parcel of property south of Spear Cemetery that included the present day 30 Decal, where my mouse is, as well as 30, 32, 34, and 36
Highland Avenue. So that orange rectangle shows what was also owned by um Abraham Spear, but he uh constructed four houses on those properties and 30 decal was left uh vacant and he used
that uh property as a place to process um remains but it was never used as a burial site. Uh this is a survey of the existing property that you can see. It is very unique. One of the projects presented tonight talked about a flag lot
condition. This is also a flag lot with the exception that it does not really have a pole. So we don't have um a kind of long sort of uh traverse into the site. We have just a very short um interface with the end of Decal Avenue.
And that is really um actually I have some diagrams that'll explain it further um later on but it is a very unique condition in that the site is kind of um landlocked a little bit and interfaces only with decal over 23 feet. Uh these are site images of the existing
conditions of the site when we came to it. Um and uh the conditions on decalb you can see that there's actually a lot of parking. This decalb is really the backside of many buildings that front onto um Highland. And there's there's
quite a bit of parking actually on on this street that you can see um in the adjacent building at 38 to 40 Highland Avenue on the back side which is adjacent to 30 Decal. You can see five cars parked right there as well as a number of garages on the street. Um the
block plan again shows our site highlighted this unique condition indeed. And then we've created a diagram that shows what the um zoning allows for allowable setbacks. And we've hatched in red what would be permitted. It is quite
unusual. I'm just going to zoom in on it. Um we spent a lot of time talking with the planners about what would be defined as the front yard for this site. And the front yard is really the the length of lot line that interfaces with Decal. So it's 23 foot three here is
marked front. And then just to the left um fronting on Spear Cemetery. So north is down in this in this image. Um fronting on Spear Cemetery. That's all considered side lot. And then we have side lot on either side. And then our
rear yacht rear lot backs up against um these four properties um to the south. So, it's very unique, but you can see that with the allowable setbacks that what would be permitted is um a footprint that's 2,878 square ft as well as three stories,
which would yield a building area of 8,634 square ft. and we created a representation of what that might look like, what the zoning, the as of right condition would allow um this kind of structure. Um as well as you know a zero
lot line setback which is one of the things that we'll talk about a little bit more but fronting on to uh Spear Cemetery which is a vacant property. It is not there's no ownership. It's actually taken care of, as you can see, by um the sort of generosity of
neighbors, but it is a vacant property and therefore sideyard setback allows for a zero lot line on the sideyard. So, this is what would be permitted. And we also did look at some precedents recently approved at 829 Bergen Avenue.
Um you know, was an existing building that had zero lot line setback. And you can see that um recently approved in Sep just last month um was approved um a new building 11 stories 77 residential units
with you know a a frontage directly on um on the Spear Cemetery. And this is our footprint of our proposed structure showing a very similar condition where we have a small um uh uh a small part of the perimeter of the building that
fronts onto the Spear Cemetery with zero lot line. And this is a condition that was improve approved just recently. Oh, and this is a diagram or you know I've marked this up to show this approval at 829 Bergen that shows this condition.
But back to our zoning tabulation chart. So we are really asking most of what we're asking for is as of right. Um the variance conditions are um first of all the minimum lot width which is really a pre-existing non-conforming condition of
this kind of unusual site. And then the other variances that we're seeking tonight are really geared towards parking because currently no parking is allowed between the building line and the street line. But because of the unusual configuration of the lot, there is no building there. And so that
relationship um does not exist. So we are um we are seeking two parking spaces, which is not uncommon again on that street, but that is one of the variances that we're seeking. There's an existing curb cut. Um we are looking to widen that curb cut um to 17 ft in order
to allow the cars to turn around. Um and then the fence height is the other variance that we're seeking because the land uh the the property uh slopes uh four feet from um from uh west to east.
Uh the fence line, you know, in order to keep a kind of consistent fence line uh the fence has to be taller. Um and also there was a request um from the neighborhood that we provide a higher fence so that we could shield the building more. >> Um
>> Nicole since you're talking about that. >> Did you have an opportunity early on to meet with the neighborhood? >> Yes. >> When was that? >> So that was in uh November. It was on November 11th, 2024. So almost a year ago. We met with the building uh or with
the with the community at the gallery um uh across the street from from the property and we presented uh the project that I'm presenting here tonight. And was there any feedback and any uh resultant changes in the project as a
result of that meeting? >> There there were a number of changes. Um this is I'm showing here the first floor plan largely remained the same. This is our our first floor which shows um a structure that has two kind of staggered cubes and then an accessory structure
which is the art studio. This really did not change from what was originally presented. It looks and not not very different but the second floor did change. Originally we were proposing um two balconies. It was a much more sculptural shape. Um we had two balconies on the rear that um there was
an expression of you know a lot of the neighbors facing the balconies were uncomfortable with those. We were very sensitive to that and removed them from the proposed plan that we're presenting tonight. So the balconies have been removed as well as the windows that were
much larger on the second floor. We've also um significantly reduced that you can see here in the proposed second floor plan. And then we have the the height of the building. This is what we presented on November 11th uh or you know a year ago. Um actually the height
was not so tall. It was actually only 31 ft up to the roof structure line, but we did have a lot of structures supporting solar panels. So we had extended the kind of angle of the roof so that we could um support the solar panels. But
in response to the feedback that we got from the community, we um lowered those elements and we worked with with the solar company to um to optimize the panels and make sure that they would still function. And we thought this was, you know, a way of kind of being
responsive to what the um what the neighbors had expressed. This is another view of what we presented a year ago. And then what we're proposing here tonight is is much lower. And actually that 35 ft mark goes goes right to even
the you know the top of the solar panel, the roof supporting the solar panel. >> Okay. >> So you can see I'll just flip through quickly the way the project changed. Um the other thing I do want to point out too is you know the windows on the rear
elevation. The original proposal had very large windows um sliding doors on the ground floor we've kept but um at the second level we had very large um you know floor to ceiling windows and balconies. And you can see in the um proposal you
know our final proposal um that is reflected in our drawings. The windows are much smaller in size and there's no balcony. And these are just uh section drawings that show how the design evolved. I think maybe I can just then jump into
what we are proposing tonight that >> and the materials. >> Yeah. Yep. Um so the proposal uh again the vehicular access is where we have our solid red triangle and then we have the access to this is a three a
three-unit building on the ground floor um is the main apartment which where Richard and Sharon will live and then at the second floor um there are uh two apartments on that level. We have a lighting plan that shows how
we're um subtly lighting the property. We have a trash removal plan which shows trash bins located at the outside and a plan for bringing them out to the street. Um, I think Edwin, our civil engineer tonight will speak in detail about this diagram that is part of his
uh, drawing set which shows how cars can park into the lot and explains why we've widened the existing curb but how we're able to park two cars um, so we're not, you know, uh, causing a additional uh,
hardship for parking on the street. Here we have our proposed design. Um going into detail here, we have our front yard width. We have a sideyard set back of 25 ft from uh you know drawing drawing right. Um so the primary
structure is set back. It's really um also the entire property is enclosed by a 6ft tall fence um which does get taller at the rear because of the slope in the property. But this is the ground floor. It's a very modest um sized
apartment. It's 1,900 square ft or so. It's three bedrooms, um, two bath, kitchen, living space with, you know, we we've honored the 11t rear yard setback requirement. In fact, setting back 12'9 further to give space to the neighbors.
Um, we're setting back from the Spear Cemetery uh 4 foot eight actually for much of the building so that we can allow for a window here to this bedroom and it also offsets the amount that we're setting back here um with this
volume. We don't want to create just a a total box. So, we were trying to still do something sculptural. Um, and this is the second floor plan which shows what we're doing. roof plan with our solar panels. Our proposed elevation uh facing Decal has fewer
windows on this side. This is north facing towards the cemetery. Um the this wall here um on the left all actually the entire uh facade is clad in a bone white metal panel. It's a very durable material. The materials we're proposing
also for the fence are um it's TX uh TX which is a synthetic material but it's super durable. So it's not going to cause a kind of maintenance issue um along the property line. Um that was a really important aspect. And this is the proposed rear elevation
again which I showed earlier showing uh windows that are really in keeping with the windows that you see across um um at the neighboring houses um on Highland. And actually I have a photo of what those houses look like. And it's actually kind of remarkable to see how,
you know, the windows that we're using on our project are very similar in proportion and in quantity to the ones that are immediately across from this over the fence. Um, and you can see in this image the um
the fence is something that uh we gave a lot of consideration to. It is uh quite quite tall. As I said, it's 6 feet around the entire property and then drops down. Um, this image probably shows it best. So, this is the view from the neighbors. Um, we were, you know,
there was a request from the neighborhood that we uh make the fence higher for privacy reasons. So, we did do that. And so, that is one of the variances that we're that that we're seeking because of the height. So you can see at at this side facing um the
neighboring houses it's at 8 foot n at this lowest section and then 10 foot seven even from the uh from grade. >> Nicole >> yes >> would you address one of the variances is the front yard landscaping require >> Oh yeah that please.
>> Yes. Yeah. The front yard landscaping was a challenge because we're providing parking spaces um and a widened curb cut in order to allow for the cars to turn around. We weren't able to comply with the 30% um requirement for landscaping
in the front yard, but we did talk with planning about this and we're providing other areas of landscaping. We're we have a strip of landscaping on the right here. We have uh landscaping here at the front. we have more landscaping at the back and then, you know, there's a lot
of outdoor space and we're also not maximizing the building footprint. Um, we're 500 square feet less than the allowable building footprint. So, we're really not, you know, and we're half as big as actually what would be allowed. >> So, so in effect, you'd move the front
yard landscaping to the left on that diagram and now it's it's where the uh the setback is. >> That's right. >> Yep. um elevations. This is going back to the fence view.
Um this is our block elevation which shows how the adjacent uh multif family building where uh Richard and Sharon currently live. Um is actually you know our proposed structure is is smaller. It's it's much smaller actually. Um and
it fits in though. It kind of blends, you know, we kind of uh it slopes and and blends with that height differential. Then these are our building sections. I'll just go through this quickly. Details of the fence. We thought a lot about the fence. It's a gate. It has a pedestrian door so that
um if you come home, you know, as a pedestrian, you can open this gate or slides open for vehicular access. We have mailboxes at the exterior and a number. I mean, we're really beautifying, I think, the end of this street, which, um, otherwise could look rather neglected. Um,
we've done solar studies as well. Um, any of these that I would, uh, zoom into really show that, you know, the multif family building next door actually casts the most shadow and shadows are cast all around. Um, this structure really doesn't add to um,
shadow casting in any kind of significant way. And this is a kind of final rendering that you saw at the beginning which shows how we're enclosing the property in a fence that provides security and really beautifies the end of the street. Um, and you know, it's a kind of sculptural, not maxed
out, uh, structure. It's modern. It's it's what our client is very excited to build and we're we're really excited to have been a part of it. >> Thank you. >> Yeah. >> Do you have anyone else presenting? Yes, sir. >> Okay. and we'll save our questions to
the end. >> I have our our civil engineer here if there are any questions, but I think Nicole covered the real issue about the parking circulation with the diagram that she had. So, my only other witness would be the planner, Katherine Gregory,
who is here. Do you testimony? >> Yes, I do. >> Please state your full name. >> Katherine Gregory. G R E G O R Y. Business address is 96 Lynwood Plaza, number 350 in Fort Le, New Jersey. >> Thank you. >> Katherine, would you provide your
planning testimony to support the C variances that are only required on this project? Uh, absolutely. Um, so I I love when I get to testify after Nicole because she makes my job really easy as a planner. Um, she's very very exhaustive in explaining the project and
the process and um, and so I I think she's really set me up very well for justifying what I consider to be hardship variances or C1 associated with this property. Interestingly enough, this property was found to have a hardship back in 2013. Um, and obviously
Nicole explained this to you as to why this property doesn't really have a lot of street frontage. It's on a dead end. It's bordered by a cemetery. It's bordered by the rear of other properties. Um, so there are a lot of limitations and the architect has done a
really good job explaining why the site is so unique and how the design has adapted to this property. However, unfortunately, we can't meet every single regulation in the zoning ordinance. Um the first of which is is lot width. Um because how it's measured,
we have a little over 23 feet. We have 23 dash uh 3 in and 25 ft is required, but that's just the frontage. But when you look at the overall lot, it's actually 4,446 square feet. So um I think that uh that obviously it's a
pre-existing non-conforming condition and at least we do have street access. It's not completely landlocked. Um so I think that that pre-existing nonconformity um can be granted as a a variance in this condition. Um she also talked about the parking between the
building line and the street line. Um because we need to have parking right off the frontage which is limited and where we put the building. Um we don't really have an option for providing parking elsewhere. Otherwise now we're taking the cars and we're bringing them well into the lot which I don't think
any of the neighbors would want. We want to keep it closer to the street. And as you saw from her photos, there are many cars that are already lining to Calb because of a lot of the other properties that are deeper that really becomes the back of their properties. Um, so we're kind of just conforming with the
neighborhood, if you will. We also need a variance for that curb cut. I don't know if that Okay, it went blank. Sorry. >> Oh, there we go. Great. Um, we also need the variance for the curb cut width. As she discussed, uh, 10 feet is permitted.
12 feet is actually existing and we're proposing that 17 feet. She also discussed the need to have cars turn around. Um, she showed you the attorney template, so we really kind of need to have that width, but we're not really impacting anything at this location because we're at the end of the dead end street. So, we're not it's not as if
we're taking away parking. Plus, the street itself is actually really narrow. You can't park on it. So, um, so there's really no detriment in allowing a curb cut that's wider than the 10 ft. It would be completely different if we were talking about Highland Avenue or somewhere else, but considering the
location of this particular piece of property, I believe that it is warranted. Uh, we also need that variance for front yard landscaping. We are required to have 30% of the area between the building line and the street line uh required to be landscaped. Um, however, again, Nicole talked about the
difficulties because we want to have some parking on site, so that's where the landscaping would be. But it does end up that 14.6% of the lot is going to be landscaped. Um, she pointed out those areas to you. Um, and we are providing that solar coverage as well.
Um, and then lastly, we need a variance for the fence height. Um and 4T is permitted and we are proposing six feet which grades up to about 10 feet in certain locations. Um and we do think that in this instance the benefits
outweigh the detriments. As you heard the testimony, we met with the neighbors. They actually wanted a higher fence and we do have a very unique property that abuts the rear of other properties. So I believe in this particular instance a higher fence is
technically warranted. Um and so I I will get to also um the special reasons or the positive criteria. Um I think we promote several of the purposes of the municipal land use law associated with this application. One would be uh purpose a talking about promotion of the
public health safety and morals in general welfare. Um, and if you're familiar with the state plan, um, we are in planning area one where, uh, in the case of Anfusa versus Sicily, it found that if you promoted a state goal, then you promoted the public welfare. Um, and
we are providing housing on a lot that has existing infrastructure and and that's one of the tenants of the of the state plan. I also believe that we promote purpose C, which talks about providing adequate light, air, and open space. Uh, we are not violating any of
the bulk regulations. on this lot interestingly enough and we are not maximizing the the actual massing that we could as shown by our architect in the plans. We are providing a smaller building. Um so I believe that we are providing adequate light, air and open space on this and the adjacent
properties. Um I also believe that we promote purpose E which talks about establishment of appropriate population densities. We are not exceeding the appropriate population density for this zone. Um we're also providing sufficient space in appropriate locations for a variety of uses which includes
residential. Um and you uh may know that uh the US is actually short millions of housing units. Um the uh I've been testifying about this uh actually for a couple of years. Um and if you think about it uh back in
2008 we had a little bit of a mortgage crisis and a lot of building stop but but our population kept growing. Um, so the latest uh article that I was able to find uh was produced by Zillow and found that America's housing shortage actually
grew to an all-time high of 4.7 million housing units. And I know this is only three units. Um, but we are helping to uh fill that gap, if you will, um, in an appropriate location. As I stated before, I also believe that we promote purpose eye, which talks about promoting
a desirable visual environment. Um well granted our applicant already beautified the lot uh and we know this uh but now he wants to beautify it in a different way with a unique structure um that's appropriate him um and his family um and along with the art studio as well which
really I think helps to create another sense of community um and then lastly I have to talk about the negative criteria um I don't believe that there's any substantial detriment to the public good by the granting of these variances um as I stated before. Most of them really
have to do with the hardship of the property. Um and then also I don't believe there's any substantial impairment to your zone plan and zoning ordinance. Um I also did look at your last master plan and we promote um a couple of the uh PR land use principles
in that plan and one would be to continue efforts to enhance residential neighborhoods. I believe that's what the applicant is doing here. um and to ensure the city's available housing is is balanced and meets the needs of all current and future city residents which would include our applicant who will be
living at this property. Uh so with that said, I do believe that we meet both the positive and the negative criteria for the granting of the bulk variances associated with this application. >> Thank you. >> Thank you.
>> Want to have questions of Katherine? Well, first we're going to hear from the public. Okay. Um, so if there's anyone out in the public who would like to make any comments or statements, please line up by the microphone um so that you can come forward and uh address the
commissioners. >> I do not. Please state your full name and spell your last >> Jennifer King. K I N G >> and your address, please. >> 843 Bergen Avenue, Jersey City, New Jersey 07306. >> Thank you.
>> Good evening. Um I am the president of the Friends of Spear. We're a 501 uh C3 nonprofit and we're working to save the history of Spear. Have been for many years. Um the owner, Mr. Isgard was
sent an email uh with some concerns that we had that a couple of neighboring people including Spear Cemetery had. And uh his response in regard to in 200 he stated in 2004 there was um the boring
and the tests were done. But this July in 2005, while they were digging in the cemetery, they found two gravestone markers. Um, two days later, he did give them to us, but where do we put them?
Because the bodies are on 30 decal. So regardless to the tests that were being done, I don't know where they tested or what areas were done, but obviously there are bodies there and it
>> Okay, so are we putting my time? Are we timing? >> Right. Let them finish speaking, please. You'll have time to ask questions and comment afterwards. >> Thank you. >> I'm sorry. >> No, I I stopped the watch. >> Thank you. Thank you very much. Um, also we never saw the results, who took this
test. What were the results? Was it supervised? Was it super who was it supervised by? We didn't we didn't have any of this information. Then I'd also like to say that um, Mr. Joseph, I'm
sorry if I ruined the name. Peniglamin >> Pungalan. Yes. >> Yes. Okay. Thank you. Um he stated in an email quote in the case of this subject building mentioned above 30 decalb the zero lot line building will be built
next to a lot Spear Cemetery that will require to be assessed for maintenance to the building to be performed since Spear Cemetery is currently abandoned and in transition of being acquired by the city. I'm sorry.
>> Okay. An easement cannot be arranged at this time. I've heard nothing about the city acquiring the land, and I'd like to quote from usleal.com. A cemetery is not abandoned as long as it is kept and preserved as a resting
place for the dead with anything to indicate the existence of graves or as long as known and recognized by the public as a graveyard. It is not a vacant lot. There are bodies there. There are gravestones. There are
people's family members buried there to build right on the line. Even if it was done in 18 at 829 Bergen, that was in 1940. We know better now. So, it should not be on the line. In all
the other cases today, there was a 5- foot easement. Why don't we get the same? It's not right. Thank you. >> I do. >> Andrea Lou?
>> Ell? >> 2962 Decar Avenue, Bronx, New York. >> 2962. >> Thank you. >> Sure. So, uh, good evening. I am a local realtor.
I am a 30-year resident of Jersey City up until last year. I'm the founder of the Bergen Square Comm, I'm sorry, the Bergen Square Historical Association and a founding member of the Journal Square Community Association and I spearheaded the new construction committee for them.
And I was uh here well not here but city hall and testified when the prior owner asked for variances and I objected very strongly back then. But right now I'm here because I support this project not only because it adds to the community
but also it's um zero chance that there are any bodies on that property. The gentleman who threw the tombstones onto 30 decalb is somebody I know personally who told me I was told by him that he
was the one who threw the headstones there. I am 100% confident that these owners went above and beyond to prove that there are no bodies on this lot and I support the project. >> Thank you. >> Thank you.
>> Thank you. Hello. >> I do. >> Ruth Jackson >> J A C K S O N >> 34 Highland Avenue >> Highland Avenue. >> Thank you.
>> Directly in front. Good evening and thank you. >> Good evening. I'm going to start straight away on the variance of the two-car parking and curb cut. We collectively, the residents of Highland Avenue that are affected um are concerned about the fire risk and
emergency access. The reasons are the the the five foot 5- foot setback of the art studio from the property line. No information on the fire rating on the exu at the studio's exterior wall. No sprinkler system in this unit. The art
studio is built next to a 30-foot spruce tree which you've seen in that uh clip. And the street is too narrow for trash removal, therefore fires, fire uh emergency service. Therefore, a twocar parking area located in front of this
building would obstruct and access the emergency vehicles and restrict maneuverability during an emergency situation, especially since this is a landlock lot with one means of egress. For these reasons, we respectfully request a variance not be granted. The
variance in the fence height of 8 ft, we collectively agree with the request of a caveat with that this install at the start of construction. This condition is intended to minimize the impact of dust, debris, and general disturbance of construction site on neighboring
properties, allowing residents to continue a safe, comfortable use of their garden during a building of this process. Other concerns we have identified regarding uh building code compliance on the first floor wall design. The
allowable allowable open ratio per code is 45%. This first floor byfold doors of 9 foot five seven by footfold doors of 9 foot five comes to 67.5 which exceeds the allowable limit by 15%
therefore not compliant. We request all these solutions to be granted and in resolution and have reserved um revised plans. Um we would like the board and de to understand that these developers are both neighbors both neighbors and
friends uh for seven years of many of the homeowners affected by this proposal. The location development immediately impacts the neighbors of 36 to 28 Highland Avenue and Spear Cemetery. the remain the the neighborhood is directly affected by the rest of the neighborhood is not directly
affected by this this construction. It is deeply upsetting that throughout this process the communication the developer and the planning board has been very unclear and at times dismissive when residents have sought clarification in the event the amended plans have not been available until today. So we had no
opportunity to review it. We had no opportunity to even see the size of these 6'6 windows that were previously presented in previous um plans. We have a very close-knit, respectful community on Highland Avenue. Our collective goal is not to obstruct progress, but to
ensure the development, transparent, co compliant, considerate manner that protects the the character and safety of the harmony of the neighborhood. >> Thank you for your time. >> Thank you. >> Thank you. provide
this even the whole truth. >> I do. >> Please state your full name. >> Michael O. M I C H A E L O H >> 30 Highland Avenue. >> All right. Thank you. >> Good evening. Um just before I started
just want to point out that I have not received the the letter notice of the variance that we are discussing tonight. I also checked the uh the Tyler page portal. Uh there was nothing on there. So pretty much I was uh so there's lack of transparency uh keeping the public in
the dark. Uh as far as the two car parking variances, uh I I also oppose because the street are very narrow. Uh and for myself as a dad who drive my daughter back and forth to school, uh it can be the traffic can
be very uh very long during rush hour. So it's extremely inconvenient. Uh as far as the 8 in fence height increase, I I I agree with that. uh as long as uh the fence is built being
built at the starting the start of the construction uh that way to minimize the the disruption of the um the neighbors. Um and then in the uh the map I did see 10 HVAC compressors
uh which would generate a lot of noise and that's my portion of the backyard. Uh I think this will cause potentially um a health uh issues such as uh headaches and migraines. So maybe as a solution uh maybe I can urge the board
to acquire uh you know vibration isolators or maybe sound absorbing fences or maybe a quieter um HVAC units. Uh as far as the the human remains um in the case of human remains are found
during the uh the property being built uh I want to ask should that process be stopped and also during this excavation uh will there be a city rep present during during make sure there's no human remains and also want to raise a
question why would the older um lot owner sell the unit uh without being built if there's No human remains. >> Okay. Um yeah, I just wanted to also point out uh the architect uh did not
specify the fire resistance rating of the exterior walls uh for all these closing um here to urge you to postpone um any decisions until these violations and concerns are met. Thank you.
>> Thank you. Oh, sorry. >> Yes, ma'am. >> Malta Vanessa Claio. C L A U D I O. And your address? >> 36 Highland Avenue. >> Thank you. Hi. Hi, everyone. Okay. I
don't know if you can see this because I didn't know we had to use this, but I printed my picture. This was in 1998 when I bought the house of 36 Highland Avenue. And and I talk about the tree. They they'll tell you it's about my Christmas tree.
This is how it was 1999. This is how it is now. That's how much that tree grew from there to now. And as you can see in this one, it has a face cuz I do talk to him
and I water and we both get wet in the summer. Um, I'm sorry. I'm just nervous. This is how it is. You see the building right there? That's where Richard lives. Okay. And then this is my tree. The tree that you saw there. Okay. That's how big
it is. I love my tree. And this is the back of the tree where Rich's property is. So every year I try to trim it so it won't hit nothing. You know, I trim on R side. I trim on my side. And I still talk to my tree. Don't think I'm crazy
because I'm not. But it's just, you know, he's there. He's been there. And that's the love of my heart. Cuz when I moved in that house 27 years ago and I went to the upstairs room, that's the first thing I saw. And I said, "This is
where I stay. This is where I die." Cuz my mother died there, too, two years ago. But you got to come to the house and see the tree. It's a beautiful blue. I can't say the other word. >> Okay. And I try to light it up on the
Christmas time. Um, go say it's just there. It's on it's on my property. My concern is that if they start building the little art house or of course the fence, the roots got to be like tremendous. So it got to be on their
side, my side, roo side. Would it hurt my roots, you know? Yes. Okay. Oh my. Um, so I'm just finding out that the sack that falls from the Christmas tree, I didn't know that that can light up very quickly. I didn't. God forbid a
fire, you know. God forbid a a hurricane, you know, god forbid if they start bombing us. But anyway, if it starts swinging, if they start cutting, like which way would it go? I I know I'll be responsible, but it wouldn't be fair. So before they do start decide to
cut whatever, dig in to talk to me because that's my dream. Thank you very much. >> Thank you. >> And see, I did bring some here to the testimony you provide this evening will be the truth and nothing but the truth. >> Yes, I do. >> State your full name?
>> Uh Steven Dwarkin. >> Spell your last name. >> D as in David W K I N. >> And your address, please. >> 34 and 36 Decala Avenue. >> Thank you. Please proceed. >> Okay. So, um me and my wife live across
the street from the lot in question and um have been there since uh we bought the house in 1999 to um and I just wanted to clarify a few points about accessibility of this um
deadend portion of Decal Avenue. um for uh the garbage trucks were in fact coming down uh that street um for many many many years. What what happened is uh our house is the only house with a
front door on that block. Uh, so we were the only people putting out garbage and I'd say maybe half the time they would fail to come down just, you know, depending on what happened that day. So I eventually started bringing the
garbage out to um uh the the neighboring van ripen street, but it is not uh is definitely large enough for garbage trucks. It's large enough for fire trucks. There's a fire hydrant there at at the dead end next to the drain that
the fire department has maintained uh all through these years and has been recently repainted. Um and there have been large commercial uh trucks that came down uh for tree trimmers who worked on uh getting rid of some of the
dead uh branches in the cemetery and so on. So, I just wanted to mention that and also that um uh Richard has in in my opinion um made many efforts to work with the community. You know, there's
always the possibility that more may may be needed, but I hope we all can work together on this. Thank you. >> Hello. Do you swear that the testimony this evening will be the truth? >> Yes. >> Please state your full name.
>> Moren Nally. >> Spell your last >> N A L L Y. >> N A L L >> Y. Just why? >> And your address, please. >> 47 Highland. >> I'll be quick, but I'm going to be all over the board. Um I live on the across
the street from 38, so I live I'm not directly affected. Everybody here is my neighbor, including Richard, although he said he was here since 2007. and I beat him. I've been here since 1966 on Highland. I know I don't look it, but whatever. Um, couple of things. That is
a very narrow street. I'm not saying no to this project, just like the rest of us. I can speak for everyone who spoke it so far. We really need to think about some safety safety issues here. Okay? It's landlocked. The engineer has mentioned it a few times. Everyone has
said, "So, the cars are an issue as far as safety goes. Parked right there in front of the house." You know what I mean? If it's going to be right up against the cemetery, which we do need some space. It's not fair to the cemetery people. It is not abandoned. There's so much so many things that happen there. Just like the cemetery on
North Avenue, concerts and stuff. This cemetery is finally picking up some speed. There's activities all the time. Something to visit. I'm saying take a class trip just to decalp. It's a magical place, but there's something that really needs to be looked at and
think about in various situations at this location. Okay. As far as the the garbage truck, they don't the neighbors, the one neighbor, he does bring his stuff garbage to Van Ripen because it it's a hot mess. The back of 38 where you saw those four parking four parked
cars. I grew up there. My cousins lived at 38. I have pictures. We had little birthday parties. We used to cut through the cemetery. Now there's a little wall that was not always real. It's not a real parking spot. I'm not I don't want to speak in unofficial terms, but those four cars, yay for them. They have
parking all of the time that they come home. Parking is an issue in Jersey City. However, that's not real curbcut stuff going on right there, but not pointing fingers. Anyway, as a firefighter here in Jersey City, um for God help anybody, if there is an issue
down there, you would have to go down the block. Let's see. Here's the house. Um, I'll be quick. Normally to to respond to a fire, the the truck with the water in it shows up in front of the house. The truck move just past the house. The truck with the ladder is
next. These guys would be lined up one after the other. I speak guys as a gals, guys and gals term. Don't, you know, no big deal. Um, what's going to happen? We really need to think about that. As far as her tree and the trees in the cemetery, solar panels, leaves, it's all
not a cohesive fun place to be landlocked down in this alley. It is flammable. Leaves are flammable with adding solar panels. I think we need to look at those other issues. I'm talking with my hands now. I'm trying to draw. You really just need to go there and
see. I mean, it's a cool looking um development. I'm happy to hear that Richard will be living there. I know that he lives in Florida half the year. I don't know what's going on. But anyway, the safety issues need to be addressed. We really need to check this out. But anyway, I'll answer questions
too on behalf of me and my experience, but that's not here as a professional. Anyway, >> thank you. >> Thank you. >> Yes, I do. >> Your full name. Carmine Moninoc. >> M A N O C C H I O.
>> And your address, please? >> 44 Highland Avenue. >> Okay. Um I came unprepared. Uh I live at 44 Highland Avenue. >> I live at 44 Highland Avenue and um
as for garbage trucks, uh we used to take the garbage out. I have a my garage is in the back and we used to take garbage trucks out. garbage out for the trucks. They used to come down all the time. Um, as for big vehicles, um, the garage that Steve, actually the house
that Steve lives in now used to be, uh, housing for tractor trailers years ago. So, there is some access back there. Uh, Steve's a great guy. He does have a lot of stuff for the community and for the neighbors. Um, I approved this
project and that's sincere. That's it. >> Thank you. >> Thank you. >> Yes. >> Please state your full name. >> Luchia Mazina. M Z I N A. >> 44 Highlands.
>> Um, I'm married to Carmine and I've been living there 10 years and I see no issue with it. I think it's a great improvement for the uh neighborhood. I'm for it. >> That's it. >> Thank you. >> Yes. >> Please state your full name.
>> Fabio Aroyave. A R R O Y A V is in Victor E. >> 38 Highland Avenue. >> Thank you. Good evening, board. Um, I am pro uh for this uh variance to be approved. I've
known Dasguards for 25 years since they've moved into the neighborhood. And Richard is known in many circles as the mayor of Highland Avenue. He's always looking out for the new neighborhood. He's always had that property open for access to
anybody that lives in the on the whole block. He's uh the Iscards are like so kind-hearted and um as when it comes to the property
itself, it's he's always looking to make the neighborhood beautiful. This property is going to make uh what he's done even better. It's going to it's going to beautify it. It's going to raise our property values once that house gets pulled in also. And I'm
afraid that if Richard does not build this property and he sells that lot, the monstrosity of a building that's going to be placed there, uh, this is for the better for everyone uh, on the block. Uh, when it comes to the five park, put
this on record. When it comes to the five parking spaces on Highland Avenue, those are five deed parking spots. Those are legit parking spots that are deed to each owner. And uh when it comes to emergency vehicles, I've seen uh firet
trucks go back there. Uh I've seen ambulances go back there. I've seen police cars both go back there with uh with no issues. and um uh I think Richard uh and the Isgars as a
whole, they've they've been forthcoming on what changes they've done so far to appease the neighborhood, but it it gets to a point where now you're just nitpicking and you really don't want this project to continue. Okay. Thank you very much.
Raise your right hand. >> Yes. >> James Sukur. >> S U K H A R E V. >> 99 Warren Street in Hillsdale, New Jersey.
>> Thank you. Hi. Um, thank you for hearing from me. Try to keep it brief about what I actually know. Um, >> yes, absolutely. I will try and keep it brief about what I actually know. I'm Richard and Sharon's son-in-law. I resided I just within the last year
moved to Hillsdale with my wife and fourmonth-old. Um but prior to that I lived for 5 years in the apartment next door. Um now my brother-in-law is living there with his fiance uh trying to save up for a house. Um many people have
spoken uh speculatively so far tonight. Maybe this, maybe that, what might be there, what might not be there. I can only speak from personal experience. Um, I've known about this project since the beginning. I've read
the Maser report. I read the more recent uh geoysical study that was done with the borings and everything like that. Um, I know that there is no mention whatsoever of anyone ever who's been physically on that property finding
actual human remains. I can also say from personal experience, having helped Richard for years, tending to the garden, digging things up, rellandscaping things, no one who actually has personal
knowledge about what's on that property will ever stand foot in front of this assembly of commissioners and say that they have personal knowledge actually of any human remains there. No one's ever seen it. It's not there. Um, so that is one thing I can actually tell you,
right? No one's never been found. Um, other than that, um, you know, there's been made some comment about whether they actually live there or not. Um, you know, my in-laws are amazing to us. Uh, they they come up here for months at a time. They they help me with my
children, my child. Um, and they they without a doubt live here, and they intend to live here. um I think I think till the end. Um and so I I hope that you uh grant this application. It would be tremendous for my family. It would be
tremendous for Richard and Sharon as well. It would be also tremendous for the community. Um right now uh you know it's a vacant lot, right? Um what they're trying to do is to permit um the family to continue to stay there and
possibly other people um since it would be a three family. Um which which would be wonderful. I think um thank you so much for your time. >> Thank you. >> He spoke already. Can he speak again? >> No.
>> Hi. I know I spoke earlier. Um but I just want just a few minutes to just comment on >> I think I'd like to hear from the rest of the community if there's anyone else first. Is there anybody else? Did you speak it? >> Yeah.
>> I forgot to say something. >> Each of the members of the public have had their five minutes and I object to any further test or three minutes. I'm sorry. >> Is there anyone who hasn't spoken? Would anyone like to speak who hasn't spoken?
It's fair meeting you. >> Well, he's the applicant and he's testified. >> No, >> I don't think we need to hear what you say. I I don't think the board is going to be considering the possibility that something's very >> No, I just want to say I'm not a
developer. Um someone said I'm a developer. I just wanted to tell you I've never developed a property in my life and frankly >> and that was stated before that was made clear to us, >> you know, but >> uh I have no further witnesses. Uh you've heard the testimony.
Um I would ask you to weigh very carefully what some of the people have said here because a lot of it is conjecture. Uh it's certainly not scientific. Um regardless, if my client is going to build on this
property, he has to follow the rules. >> Now, if there are rules pertaining to the issues that the public have mentioned visav fire, visav human remains, visav excavation procedures,
dust procedures, fire procedures. He's going to follow those procedures. With respect to the plans, and there was a comment that the plans were not available. I take issue to that. There was a problem with the portal. It wasn't
our fault that the plans were not available to the public if that was the case. But if I remember correctly, the glitch was corrected and it was available. Is that correct? >> Yes, that is that is correct. um ample time to uh review the plans has been
provided to the public in advance of this hearing. >> Right. And and secondly, the major report was downloaded onto the portal. So that was available to the public at least a week or 10 days ago. Um but
getting back to uh the variances, the variances that were asking for are C variances. They are bulk variances. This is a very very unusual shaped lot and a very unusual set of circumstances and that's
why we need the relief that only this board can grant and I think the proofs have been met and I would ask that you grant all of the bulk variances that we've asked for. Thank you. >> Okay. So there is there anyone else from
the public? Okay. All right. I'm going to close out the public portion of this meeting and I'm going to have the commissioners make comments, ask questions, whatever it is they would like to do. >> Excuse me. >> I usually do the staff after.
>> Okay. You have questions? >> Yeah. A couple things. Uh it's um I assume first of all there's obviously access to the cemetery without any problem. Correct. no matter what happens with the project, there would be access
to the cemetery being that volunteers deal with it. Correct. All right. So, that's number one. Um I I am familiar with several of these things um or the some of the issues that you bring to play. A lot of them would have to do more so with the construction code office and plans that are presented to
them when he does that. And yes, there are rules. Um if you find any remains or stuff like that, there's accountability with that. is so that's really shouldn't be an issue as far as garbage and fire and even the cars and parking. I was looking at some of the pictures and some
of the things they already exist there in terms of parking. There's garages there, there's cars there. So, um I understand the fire aspect of it and I think perhaps and and one thing was nice is seeing all you together. The one thing that was common was that you are
comfortable with Mr. eyesguard um and and his presence there on decal. So, sounds to me like a lot of these issues you could work through with each other and what I suggest you do is get your council person to get together with all
of you and address any potential fire issues down that block. Why the garbage truck doesn't come down as often as it should. Save her a little Christmas tree. Uh, and uh, one other thing, uh, the solar panels. I saw there a lot of trees
there. Did they are they going to remove any trees or anything? I was just curious how that I really couldn't tell. Putting solar panels up. I mean, the engineer, whoever the person was, I was just curious about that. >> Cole dressed up. >> Yeah, we um, we worked with a solar uh,
Opal Solar. Okay. did a study and we actually angled the panels. You know, we worked with them to put the angles at a p um at an angle that would optimize collection and they took no issue with the trees. They did not say that we had to move trees because those panels are oriented south.
>> Okay, good. So, it seems like that's not an issue. Um outside of that, um like I said, most of the issues that you bring up are service issues that the city should address, maybe even repaving that street at some point as well. I mean, it
looks like it's due for that. Um, and in doing this, maybe this is the right time to address all those issues. Being that you're going to be doing some construction at the end of the block, it's probably good at this point to bring your council person in and discuss this all with with that person. Um, outside of that, I have one little funny
question, and that is, did you time this presentation to coincide uh with Halloween and a cemetery and a project with all this? I mean, it really is pretty good timing, if I might add. >> Blame the planner. >> That's all I have.
>> Okay, I have a few questions. Um, not much was mentioned about the accessory structure. What is the material? What does it look like? The size. Everybody concentrated on the building. And in going along with what um my fellow
commissioner said, and I'm not trying to be facitious, but the design of that building fits more. It looks more like the cemetery mausoleum than it does anything else. And you did mention that there were other buildings in the neighborhood, but I think the other structures in the B neighborhood were
probably built and looks like the existing structures or the architecture that is in the neighborhood. This does not have any of the architectural features that the buildings in the neighborhood have. >> Um, okay. I will I'm going to I guess
where should I'm going to go back to try to find an image for you of um the accessory structure. So the accessory structure is an art studio. We looked at whether this could be a garage. That wasn't something that Richard and Sharon wanted. Richard is an artist. Um so it
is it's a dimminionative structure. We're looking at um it does pick up on the angles of our design. I mean the style is modern. It's not looking to uh replicate historic. There's no kind of historic guideline necessarily, but we've been respectful of the um height
of adjacent buildings and the rhythm and um sort of uh the rhythm and quantity of windows. As I pointed out, um relative to the windows that front on Highland, in a way, it does look like these. It doesn't match necessarily in color, but
we have two boxes that are basically shifted which have um you know uh windows similar in proportion. So it's it's we have um reduced the mass of it and tried to speak to you know what is immediately um south of the property. Um
the accessory structure is a small structure. It's allowed to be um you know it's set back from the property line uh just a bit here. Um, it's uh, you know, we're not we're trying to I mean, we we need to have space for the
parking, but we need to have space for for an art studio, um, so that Richard can do his his work. And I think it's very in keeping with the fact that there's a gallery across the street. Um, I don't know, the construction is woodframe construction, but we
absolutely plan to comply with all of the building codes. I um and the percentage of openings on the rear will certainly comply. All of those building code elements will be addressed and the structure will be adequately built so that it is resistant to fire in
compliance with with building code. >> Anybody else have any other questions? >> Yeah, just one question to piggyback on >> what you said. All the buildings and the images around it, those are the backs of houses. Correct. >> Correct. >> Those are not the fronts of houses
because it's all by itself. >> That's right. >> I mean, I had the same concern, but I was thinking that through a little bit and it didn't come up with any of the residents like the concern about the design for the most part, but be like, we usually like to keep streetscapes the way they look from the front.
>> So, this is like the back. It's not necessarily the front. And this kind of little I was just thinking that this is my personal thing. This is just me. >> Um the uniqueness of being nestled back there like by itself, you know, like just like if someone wanted to build a
solar house or something round or something unique just for the sake of having something different every now and then. That's the kind of spot you would probably do it. That's only my opinion because of the fact that it is back there. However, to to the chairperson's concern, obviously I would definitely
feel differently about that if it was like yeah in front being seen from the front, not necessarily nestled in the back. So, I just want to make sure that that's cuz I don't want to like set precedent for like, oh, we'll do designs on fronts of houses everywhere. Now, this is I want to say this is different
because of where it's located. >> So, and no one seems to have any issue with it. So, with the design and it's solar, too. Okay. And um someone did mention about possibly looking at the HVAC system to make sure that they acquired a unit so
that it's not disturbing the neighborhood or the residents on the other side. And also about having someone on the property to ensure that there are no remains. Would anybody be objecting to that if uh you looked at choir HVAC units or someone around if you start digging and just to make
certain there's nobody there buried? Yeah, Madame Chair lady, I think there are reporting requirements that if a contractor comes up with something, he's obligated to call a number and somebody comes. I think that's how it works. I mean, I've never done it.
>> Let's hope that's the way it is. Yeah, this is a a pretty exhaustive report um that was prepared by Maser Engineering where they really did investigate the site and the history of the site and all of that. But of course,
like any requirements of reporting would would be done. Yeah. But I don't think as has been said, there's no expectation that there would be human remains here. That was the conclusion of this report. Mhm. I've seen it before. You you put it out before. >> Yeah.
>> Thank you. Okay. >> If there are no other comments, I'd like to hear from the staff. Oh, this poor thing. Mr. >> Closed. >> No, we did close the public portion of the meeting.
>> Okay. Um, I'm Carrie Scarsten and I have a have a property that uh is bordered by DecalB along the side on Van Ripen Street.
>> Do you truth the truth? >> Oh, yes. >> Please let me tell >> your full name. Carrie Scarsten >> K A R E last name S K A R S T N
>> Thank you. And your address is >> address >> 18 Van Ripen Street. >> Thank you. So my my house faces on Van Ripen but along the side is Decal which is a short little street and this is you
know one part of the uh areas that is under discussion right now and I would have no objection I believe to um having him you know build back
there. I think that it it can maybe enhance the neighborhood or it also I also believe if if a person owns prop you know um property there's a certain right that
they have to to build what they wish to. So um that that's all I have to say. >> Thank you. >> Thank you. >> Okay. So, can we please hear from staff? >> Certainly, Chair Coyle. Um, uh, to
begin, I would just like to, uh, re-emphasize, uh, the distinctions between, um, expert and non-expert testimony, especially with regards to the, um, the discussion about whether there's bodies in the cemetery. Um in staff's analysis we looked into only the technical testimony
uh the technical documents provided by the applicant where um you know ge geotechnical studies and cultural investigation studies were provided on the subject lot which found that there were no um cultural resources and remains that were found in the lot. So
we um yeah that's what we went with. Um and in regards to I also want to um kind of remind the board that um the application in front of you today is for the six variances um that pertain to uh
four of them are um well I'll list them out but parking in the front yard setback area front yard land the front yard landscaping requirement curb cut width and three variances uh regarding fence heights. Um as uh discussed earlier today, these um well half of
these variances are done to accommodate neighbor uh neighbors um comments with regards to privacy to provide additional privacies for the neighbors. Um and in reviewing the project, we also reviewed it in accordance to the development standards in the R1 section of the code.
The bulk and mass of the project is consistent with u the residential buildings around it. And I know there were comments about the um the design of the building, but the block face and the street face of the Cobb Avenue is very limited in terms of actual buildings
with facads facing it. Uh which is I believe there's only one building right across the street from it, which was a previous industrial building that had been converted into a residential structure. um in reviewing the project staff found that it um it complies with
all the standards in the R1 the R1 zone. Um I do have uh but in discussing the um we we I did discuss one matter with the planning director towards the portion of the structure that was going to be built along the lot line. Um though I
understand that um the applicant provided uh testimony showing that the durability of the of the facade material staff would still have to insist uh that there be a condition added that um an access agreement reached uh be reached
with the city which will be the um the owners of Spear Cemetery the Spear Cemetery is currently in a transitionary period uh where the city is trying to take ownership of it. So, um the city uh staff wants to add a condition that
pending the issuance of a um the certificate of occupancy that a um an access agreement be reached with the owner uh with the city as owners of the Spear Cemetery uh to enable the applicant or whoever would own that
building to be able to maintain it uh so they can access that portion of the building. >> Maintain >> the building. The built >> the building, right? As it >> Yeah, the bill. Yeah, the subject building. >> I Nicole, come up just a minute.
>> Um, one of the things that we we wanted to point out and I asked Nicole the question was what was the facade that faces the cemetery going to be made of and how was it going to be maintained? >> Can you answer the question? >> Yeah, I I did show the metal panel. So,
it it will require minimal maintenance. It's not as if it's wood that needs to be painted or >> right >> anything. >> I I do understand it. It's minimal maintenance, but it would still require maintenance. And for you to be able to maintain it, you would still have to step into Spear Cemetery to do so. You
wouldn't be able to maintain it on the subject lot itself because it's built right on. >> We would be willing to do that. >> Okay. Yes. Then we would add that condition. >> It hasn't happened yet, but if it does happen, we would be willing to do that. >> All right. Then we we'd be happy to add that. We we would be uh So you would agree to the condition of Okay. Then
with that said, um yes, staff and support uh approval of this project. >> Okay. >> Accept the recommendations in the planners report including uh the last uh item that was mentioned.
>> Okay. Okay. So, do you have any additional comments or questions? Okay. Um, so now I'm asking for a motion to vote on um, hang on, let me get my paper on Z2024-000076
uh, with conditions. >> I'll make a motion to approve case Z2024-00006 with the forementioned conditions. >> Can I get a second? >> Second. >> Okay, vice chair rule. >> Yes.
Commissioner Shadid. >> Yeah. I just want to make a comment that uh my office or my building on Academy Street. So I'm very familiar with the area. I said I my office in Academy Street. So I'm very familiar with the area. And it
happened several time that I joined the special improvement district in general square and council biano to clean the cemetery a few times and an honor to to do so and I hope that every neighbor would really share and uh participate
with our owner here to to keep the cemetery clean. About the building I think it is different uh something out of the box and that's why I like it. I'm sorry, but I don't agree with the president, but uh I really like the
design very much. Thank you. >> Uh yes, my vote. Yes. >> Commissioner D'Angelo, >> yes. >> Commissioner Baron, >> yes. >> Commissioner Tupliki, >> yes. Happy Halloween.
>> And and Chair Coyle, >> no. >> Motion passes. 51. >> Thank you very much. >> Okay. Do we need a little break there? >> Yes. Okay. >> All right. We're going to take a uh 10-minute break.
>> Okay. We'll be back at um 8:45. >> How you doing? >> I'm good. >> Just confirming. I think we're the only >> Yes, do the cliff. >> Yeah, right. >> They may be all over Jersey City. A few restaurants probably have them
downstairs. >> Just us, right? just us. >> But they had the bar in was one of the premier gangster locations of the state. I love it. That's why I go there anyway. >> Oh god, I don't want to know what's >> Oh, sorry. Didn't need that up yet.
Sorry. >> I like it, too. I think it's beautiful. >> This is what I wanted. >> Thanks, was open. >> Thanks. >> Well, good to see you.
>> Good luck. your next one. >> How are you? >> Yeah. Well, I finally got my computer to work >> because I've been using those my >> apparently they >> 1998 I think it was because I have not
at least two weeks and weeks there. >> This one I said it's >> what you call it the flat. >> I still can't
fun. I've done a couple of them on usually worse. Usually hard >> because a lot of times you're in everyone's backyard like this like this. You're in everyone's backyard. Everyone's annoyed. >> I mean, this one there was a building already so it wasn't so bad. >> But when it used to be like trees and
stuff and now it's going to be a building so it could be that was really nice. >> I like the papers. I gave the papers. >> So we're going like a day or two. Nice. >> I found them in actually.
>> Yeah. >> I look forward to continuing work. And thank you so much again for your testimony. >> Good to see you again, my man. >> Controversial. >> Good job up there. >> Where you hiding the dead bodies? [Laughter]
>> But you you weren't here when I saw it. >> Yeah. 12 years ago. >> I had a three family approved on this lot. I did. Remember that? You heard it. You were here. And Vinnie was here. >> Yeah. Didn't you have the cemetery application
years ago, too? >> Yeah. I had one of those where I people on the size of what we do. >> You threw the headston over when you were dumping the asbestous, right? >> That's right. I try to cover up the best
with the headstones. on the corner. That building was built on the cemetery, not adjacent to Listen, she lives on the cemetery, right? >> They they let them do that. But I swear
to >> on the cemeteries. Can you imagine? >> She lives on. >> But anyway, You may not be here. Anyway, >> but like she said, you got
>> good to see you. All right. Thanks for coming, man. >> Christmas. >> Uh, yes. I got really good dramatically. >> Keep doing it. >> Taking my
Where you going? >> Olympics at the same time. >> It'll be crazy, but it'll be fun. Tell me anything else. [Music] Do you have like a whole >> very lucky That's awesome. >> You feel comfortable confident doing
that? So, good night. Wait a minute. Tell him owes your money. >> Tell me tell him he owes your money. All right, let's
remember they don't really Thank you. Sorry. Somebody next to a loop. I did. I got the other thing. I just got Why do we have so many? >> Okay. What? Sweetie.
I will tell you whatever you want. Hope this will bring workers jobs and everything. Look at me. I'm looking. >> May I have your attention? Um, we would like to resume with our meeting. >> I think our commissioners are here.
>> We're here. >> I hate to break up the party, but we are. >> Oh, yeah. here. I'll move over. >> Okay. At um this time we will hear case Z2 025-000011 uh minor site plans with DNC variances
for 219 SIP Avenue. Mr. Wine. >> Sure. Good evening, Madame Chair. Uh commissioners Benjamin Wine of Prime and Melli on behalf of the applicant good Holdings Inc. Uh this application is for the property located at 219 SIP Avenue
and for the record that's block 120003 lot 2 and we are in the R1 zone. This is actually uh kind of a cool project actually for me to be able to bring to this board. Um, as if you're familiar with the site, it is uh located on the south side of Sip Avenue and presently
developed with a singlestory commercial building that has been on this site, we know at least since prior to 1938 based on the uh the tax records and the tax card and actually the image you're seeing on the scene on the screen. And over the years, what started as a very
ornate, nice singlestory commercial space, actually it looks like it was a grocery store with with some neat architecture there, uh, turned into a much more industrialized commercialized version of the singlestory, which had absolutely no real architectural
elements. It's a lot of metal, a lot of rollup doors and and paneling. And frankly, it it looks out of place, and it is out of place. And if you go up and down this block on Sip Avenue, while it is zoned R1, it's really there's not really a use on that block front that is
an R1. And in in actuality, in working with city planning for about a year on this project, um we had to do our due diligence to determine is that commercial space permitted to be there in the R1 or is it not? And it was found that since it's been there since, as you can see on the left over there, since at
least 1938, it's not considered a use variance to have commercial on this lot. And it's a little bit of a of a unique situation. And I mentioned the block front. If you go right along the block, every single one of the buildings there except for our immediate neighbor is a
mixeduse building of three stories with residential on top of neighborhood commercial. And that really was the motif for this block front and uh something that we are looking to reintroduce to this blockfront. So what we're proposing here today is to actually bring back the architectural
aesthetic that you see on the left there for that singlestory portion, the commercial use. And as we go through our our testimony and our presentation, um I hope you'll agree that it's a it's a it's a really nice way to to redevelop or rehabilitate this building. And on
top of that commercial space and behind it, we're looking to propose residential as well. So again, from a from a massing perspective and from an aesthetic perspective, it's going to look similar in in scale and scope to those I believe it's four four properties that are side
by side with that uh residential over commercial motif. Like I said, we've worked very closely with city planning over the year uh over about a year to uh to come up with the project that you're going to see and we feel is really just right and uh and what's appropriate for this site given
its context and given historically what's been there. I also want to indicate for the record that while this application was deemed complete several months ago and ready to go before your board, we did engage in conversations with the immediate nextdoor neighbor to the west um which uh which who is
represented by Mr. Harrington who's here this evening and uh and that neighbor is the only one who reached out with any particular concerns and you know often what happens at these meetings is you know we show up and we look around the room and there's people who are who are here to talk about object to or support
an application and I think that it was beneficial that we were able to have those conversations before appearing to you uh before you and a couple of the the highlighted issues which which again we'll go through really focused on drainage and uh to ensure given the slope that we're not creating any storm
water management concerns for that neighbor and we were able to address that successfully with the neighbor and again you'll hear from Mr. Harrington um hopefully confirming that and uh and the second major well there were a couple other minor items the second major one specifically was this project began its
life with a building that went further further back on the property with only a 10-ft rear yard setback I believe all the way up and one of uh one of Mr. Harrington's client's concerns uh Mr. Patel was that he didn't want it to extend so far specifically on the upper
stories. So what we did is we actually pulled back the lower story as well to to 18 ft. And you'll hear the reason why that number. And on the upper stories we pulled it back significantly more to approximately 28 ft again very specifically to align exactly with the
neighbors upper stories of their building to to avoid any potential light air or open space impacts. And uh and so that's really the genesis that uh that has brought us here tonight and that uh and that we've worked on diligently over a year and we're proud to present you this project. So just some high level we
are here obviously before the zoning board uh implying that we do have a devariance. The Dvarian is for the density. So based on the lot size three units are permitted and we are proposing five units. Again, this was this was part of conversations with the city to
determine what's the appropriate unit count for this property given the context, given our location right across from Journal Square and all that. And then the other variances we have, um, one of them is is hyper techchnical, I would call it, it's the front yard setback. Since the existing ground floor
is at zero feet where 4T is required, we're seeking to carry that all the way north so to speak, all the way vertical. Um, so technically the upper stories are matching that zero foot. And then we also have the rear yard that I mentioned. And then lastly, we have a we
do have a lot coverage variance as well where 75% is permitted and we are proposing 86.82. So we intend to present to you this evening two witnesses. Our project architect who's going to take you through the site plan, um, his designs, his thought process, and ultimately what we believe is a is a is a really
beautiful way to beautify this site with a with a great building. And finally, we have our project planner, Carolyn Rostelle, who will take you through the justifications for the relief that I just indicated. So, with that, unless you have any questions of me, I'm happy to proceed with Mr. Lewis.
>> Yes, I do. >> Thank you. All right. So, Jeff, take us through the existing conditions and what we're proposing. >> Okay. So, uh we do have a slightly oversized lot here located on the south side of Sip Avenue. Uh we are 25 ft wide. We do have a little bit of extra
depth. Um, and we also have this angled front that you can see here. Uh, gives us a little extra as well. That's common to all the properties here on Sip Avenue. They're all a little bit a skew. Um, as was mentioned, we have a one-story building currently on the site. It's the SIP Cleaners building.
Um, and I did also want to show the 1938 tax photo to show not only that a commercial space was here for that long, but also to show that um, elevation because we are bringing some of those features into our existing building, uh, most notably the brick finish as well as
the um, the roof line that we have here on the first floor. And we'll see that when we get to the elevations. Okay, let me just zoom back out so we can go through the site plan here. So we are proposing to keep the additional build the existing building
and then add to it uh to create a three-story building with ground floor commercial and five residential units. Uh the ground floor commercial is 850 ft and also has an additional 713 ft of seller storage which is accessed
directly uh from the commercial space. Uh the apartments break down as one 425 foot studio that's located on the first floor and then above we have four two-bedroom apartments that are between 717 and 806 square ft.
Uh looking to the site plan, we are proposing a new street tree in front of our property. Um and as I mentioned, we are keeping the existing building. So that means keeping the existing building setbacks which are zero feet at the front and zero feet along both sides as well.
Um I did uh want to note that the neighbor that we're talking about here on the west uh is the one to the right of us. Uh he also is on the property line and has uh some insets with windows in them. And we are actually providing 3T x 10
foot window wells to match both of his window wells so that we so that he has the light and air that he needs for those windows. Um on the left side of the building, we're also cutting away some of the existing building uh so that we can provide a 4
and 1/2 ft walkway from the front of the building to the back of the building for egress purposes. Uh looking at the rear yard, we have a staircase which goes down to the cellar and then we have a 344T lawn area which is going to be accessible to all the building tenants.
Um and all of this is enclosed by a 6 foot wide uh excuse me a 6ft tall wood fence. Um I do want to note here as was mentioned that um SIP Avenue does slope from east to west across our property. So it's coming from this way down this
way. There are actually retaining walls next to our yard on both sides, but neither of these retaining walls are on our property. They're both on our neighbor's property. Um, but as was mentioned, we are working with the neighbor that is downs slope of us to make sure that we take care of our
water and none of that ends up on his property. So, one thing we've agreed to is the retaining wall that is currently on his property. We're going to add to it and make it a foot taller than it is now. Again, to help make sure that this water stays on our property. And then we also worked with him on our our civil
plan to make sure that we have the proper drainage in this backyard. I do have the plan if anyone wants to show it. Um we are um proposing a trench drain in that at the bottom of that stair with a sump pump to make sure water doesn't flood in there. A drain in the back as well as two drains along the
side of the building all going straight to the city sewer system. So we >> just just while you're on that um because and I neglected to mention it was something that also came up with the neighbor. We just want to ensure that the sump pump as well is going to be we've agreed to ensure that that is uh has a gas backup um in case there's a
power outage. Is that correct? >> Yeah. That could just plug into a gas power generator and run during any power outage. So we won't flood if that's the case. >> Okay. With that, we're going to jump into the floor plans here. Uh this is the existing plan on the top for the seller
and then the proposed plan on the bottom. We are keeping uh the existing seller and then extending it to the back of the building. Uh in the front we have our meters and our sprinkler room as this will be a fully sprinklered building. Uh here we have our residential trash area and recycling. Uh
then we have storage areas for the apartments. There are five individual areas, one for each apartment and then a six storage area in the back which would be for building storage and that's where we have the door directly out to the backyard. Uh then at the bottom of the drawing here we have that commercial storage that I mentioned. Uh, and it has
the stair here going directly up into uh, the ground floor commercial space. And here we are again with the existing first floor at the top and the new here at the bottom. Uh, so first starting at the bottom of this drawing, uh, we do
have that egress corridor. It's a 4 foot6 wide egress corridor connecting to the rear yard. In the center of the building, we have the ground floor commercial area as I mentioned, 850 square ft. We are also providing an ADA bath in that space as well as what I mentioned the stair going down directly
to the basement. And then at the top of the drawing we have the residential entrance which provides us with access to the staircase. Uh down the hall we have our bicycle storage room which is for sized for four bicycles as well as that studio apartment which is here on
the ground floor in the back. Um, this ground floor apartment is ADA adaptable and has a washerdryer in the unit and a furnace for heat and air conditioning. Moving to the upper floors. On the bottom here, I have the second floor.
There are two two-bedroom apartments on this floor. They're both two-bedroom, two bath apartments. Uh, you could see at the top of the drawing here where those two windows window wells are, and they're just providing a little bit of extra light for us. They're really more for our neighbors windows. Um, also in the back, as was mentioned,
we're stepping in about 10 feet from the ground floor. We did that to match exactly with the neighbor um at 221 SIP, and we're using that space uh to provide a 189 foot roof deck, which is for this
back apartment number 202. Uh looking at the third floor, it's a similar floor plan. The rear apartment actually is exactly the same except minus the roof deck. The front apartment, again, we've modified it slightly so that it can have an internal
staircase going up to its own private roof deck. And so, here we are on the roof plan where we have the stair going up from apartment 301. It leads to a 324 square ft private roof deck. There are also 856 square ft of green
roof. And then we have our building our condensers for the residential units uh which are enclosed with a 42 inch uh tall solid panel fence just for a little bit of sound buffering. Moving on to the building elevations, we have our proposed elevation on the left
and the existing elevation on the right. Uh we do feel that the proposed elevation is uh more appropriate um for the street than what's existing. Um, as I mentioned, we did make some of these decisions based on that tax photo from 1938. Among them was choosing the um,
smooth red brick finish, which is what it looked like we had there. It's hard to tell, but it's what we we assume it was. And we also, as you can see, brought back that first floor roof line. And we're doing that. It's basic, it's it's a fake roof line, but we're um, basically mimicking the existing roof
line with some cast stone. uh four I think it's 4-inch wide cast stone which would have been probably what they had finished their roof with back then. Um besides that we also have a 3 and 1/2 ft tall decorative uh black metal
cornice at the top of the building and you can see some of those details here. It's a very decorative cornice. Um we have all black aluminum frame windows and doors, black aluminum railings at the balconies. Um, these are just Juliet balconies at
the third floor. Um, and we have these slate gray aluminum panels at the upper levels as an accent material. Looking to the rear elevation, this is much simpler. Uh, we just have a light a light gray smooth stuckle finish at the
ground floor and then a light gray vinyl siding above and then the same windows and doors and railings as we were proposing on the front elevation. Here we're looking at the left side which is the side with the egress corridor. Uh we're proposing again at the ground
floor that smooth stucco finish. We're also going to have a stucco finish wherever we're on the property line which on this elevation is this small section here. And then uh up above where we are set back from the property line, we have that same light gray vinyl finish that we had on the uh rear
elevation. Um the other thing you could see here is that we are using white vinyl for the bulkhead. This is the stair bulkhead here. This is something you won't be able to see from the street, but we're proposing a lighter color uh siding anyway.
And then lastly, here we are on the west elevation here. A lot most of this elevation is located on the property line. So, it's finished with the smooth stuckle finish and just those two window wells are finished with the gray vinyl siding. And that actually concludes the
architecturals. Is there anything you want me to hit on? >> I think that's good. But I have nothing further for Mr. Lewis. >> Okay. So, we'll move on. You want to ask a question or you want to move on to >> We'll move on. We'll save our questions till the end. Thank you. >> So, with that, I'll call up my uh my next witness, Carolyn Rostelle. I do
want to mention as well, I do have Edwin Ramon, who's been sitting so patiently there, our civil engineer, in case there are any questions related to uh some of the drainage that Mr. Lewis spoke to. >> I acknowledge I still remain under oath. All right. Um, so we're here this evening uh for a
couple variances for this application. I wanted to start off um a little bit with talking about um this corridor and some of um how we sort of looked at this property uh you know even though it's in an R1 district, the block on which it's
on is not what you would typically think of as as like an R1. Um so this property is located on CIP Avenue uh which is an arterial corridor that connects route uh route 109 with Kennedy Boulevard. Um and it's sort of a which are two principal
transportation and commercial corridors in the city. Um this stretch of Sip Avenue um on this side of the block is located with the R1 district between um but it does contain multiple commercial properties including this one um as well
as mixeduse buildings which are located down the block which are your sort of classic groundf flooror commercial to uh upper floors of residential and are really very typical of um more historic design for these more like neighborhood commercial areas.
Um, as noted, these commercial areas are have been around since at least the 1930s. Um, but what happened was, uh, in the 1970s, um, the city reszoned some of these more neighborhood commercial
areas. They zoned them from districts which would have permitted that, you know, mixed of uses of commercial and they resoneed them to the R1, which was just for residential, an attempt to stabilize the city's larger commercial nodes. Um and so we ended up with this
situation where you have these historically sort of neighborhood commercial corridors that ended up in residential only zones. Um more recently back in 20ou uh 2022
um the city uh created these sort of residential commercial districts. Um and that impose was in to uh recognize and promote the existence and importance of these historic mixeduse neighborhoods and districts throughout the city. Um so some of these coron corridors reszoned
including sections of uh Kennedy Boulevard, Palisate Avenue, Summit Avenue and some areas surrounding Newark Avenue. Um this section of SIP Avenue uh historically and charact characteristically is more aligned with these other corridors that have been
reszoned to these RC districts. Um and so we sort of looked at that RC zone to sort of help guide us in developing what we thought would be appropriate for this this lot. Um so there are some bulk standards in that RC uh one district which include minimum
front yard of setback of zero feet u minimum rear back your rear yard setback of 15% at the ground floor and 30% on upper floors. Maximum lock coverage of 90% and maximum height of three stories and 35 ft. So again, we we really tried to keep those sort of um that context of
that RC district in our mind when we were developing uh this particular um uh project. Um so I'm going to start off uh now that I've sort of given you some of that background context. I'm going to start in on on the variances we are
requesting. Um so the first one I I do want to talk about is we're requesting a D5 density variance. Um and under relevant case law uh the grubs sloth case the standard for granting variances uh for this uh with respect to the
positive criteria is that the site can accommodate the associated impacts of the increased density. Um so we we did sort of take a look at what is the density of the area and so that's what you see on your screen. Um I don't believe this was >> yeah Caroline should have this uh
probably marked as I guess 82 Vinnie >> 82. The notice package is A1, correct? So, we'll call that. >> Um, and so we'll we'll make sure that gets uh submitted as well digitally. Um, so this project proposes a density of
83.3 units per acre where the maximum is 42 units in the R1 district. Um, but you know, when I look at we look at this, we look at the the charact the neighborhood that it's in. Um, I really do think that this site given its context can really
support this additional density. Um, as you see, um, our site is right here in sort of the center. This little yellow, um, it's highlighted in yellow. So that's our site here on Zip Avenue. And so the zoning around us, um, first of all, there's zoning that permits much
greater density. We're directly across the street from a portion of um, the Journal Square redevelopment plan. Um, and we are just a a block I guess this is west of the main portion of Journal
Square. And Journal Square has no, you know, uh, >> am I east? >> We're west. >> Yeah, >> we're west. We're west. Journal Square's to the east of us. Yes. Um Journal Square doesn't have you know they they have density is uh uh
typically in in Journal Square your density is create uh limited by your building envelope. Um so you know you try to create a building envelope that is consistent with the character and and the the context and then you can have as
many units as you can fit in per building code. Um, we're also across directly across the street from us is the I believe it's the R3. Yeah, it's a mid reuse uh multi- um
mid-rise uh mixed midrise multif family district. So again, that permits a higher density of development than the R1. Um and then as you can see uh sprinkled throughout um both the the the areas that are have those higher
permitted densities and within this corridor and this area along Cip Avenue, you do find buildings that have this higher density. Um so directly adjacent to us at 221 SIP Avenue, uh that's a 12 unit building
with 100 which is 194 units per acre. So that building is actually has a higher density than what we're promote proposing. Um there are several other um uh projects. Um there's 25254 SIP Avenue
uh which is a 24 unit 29 229 units per acre uh building. And then uh I across the street at 232 238 SIP Avenue um a project was uh recently approved that was 151 units at
657 units per acre. So again there are throughout and along this corridor there are these higher density um developments and so we do think that this is an appropriate site. It can accommodate that increased density. You are very close to Journal Square. You're close to
the services. you're close to the transportation networks that make this an appropriate site for that higher density, more transit oriented development. Um so we do think that this site um is appropriate and can accommodate those um increased
densities. Um then we get into and I don't know Jeeoff can you help me go back to the site plan >> actually Caroline just before we jump off this I just can you circle or cursor where those group of other uh mixeduse buildings that we're trying to
>> so so there there's a couple other mixeduse buildings they they don't sort of meet the threshold that we were looking at which is over 50 units I think they were just under uh but they're right here at this end of the block these parcels right here those are the units those are the buildings that have ground for commercial residential
above that we are looking at in terms of the context of how the building looks and and the the stacking of the uses. >> Yeah. Okay. So um finally we're I'm going to talk go into
those um bulk standards. Um so the first uh C variance we're requesting here um would be um so the minimum front yard setback um we are uh
proposing those upper floors to meet the same setback as the the first floor which would be a zero foot front setback. Again, the R1 requires that you match one of the adjacent buildings. Um, so this portion of SIP Avenue um is
it's an angled street and it creates these sort of a skewed buildings. Um, so the buildings that are on either side of us, they are, you know, they they either touch at one corner and then there's a greater setback at the other corner because the street, you know, the the
street uh frontage does not create that um 90 degree angle with the sideyards. So the two buildings on either side of us, they're, you know, um, what's the term I'm trying to think of? They're squared to their sideyards.
We are proposing to keep the front facade to be parallel to the street. Um and that is the condition that we do see farther down the block with those other mixeduse buildings where the ground floor commercial residential above they are also have zero foot setbacks for the
whole facade and so they're parallel to the street. So, we would be asking to to uh again continue that street facade or the building wall consistent with those buildings that are are further down the street.
Um, and again, we we think that this is just ends up being um a creates a more consistent street wall um versus trying to square ourselves off with one of the other two buildings. uh because you would match at a point but
you couldn't match across the whole facade. And so we just think that this ends up being a better um design solution. We're requesting a minimum rear yard setback variance. Um so a rear yard
setback of 18 ft is proposed. Um and this is um where approximately around 30 feet is required. Um so again when we were sort of looking at
this this application um we were looking sort of at that RC1 standard where your ground floor has that 15 foot setback or 15% setback. Um and so we are consistent with that sort of requirement for the
ground floor to be at at least 15%. Um and then the upper floors, they do have that greater step back uh where we're basically stepping back the building 27 ft in a little over 10 in um so that our
rear yard or our the rear facade of our upper floors matches the building that is adjacent to us. Um so again we think that um this uh uh
sort of meets the the intent to create that rear yard area. It is consistent with what we were looking at as that RC1 style of development. Um we don't believe that there's going to be any really significant adverse impacts um
from these uh sort of reduced setbacks um due to the configuration of the block. Our rear lot line abuts the sideyard of uh 49 remain avenue and their property um has no sideyards, no
no sideyard windows um and a six foot high uh fence will surround the whole thing. So they're really not going to have any light or air impacts because they don't get light and air to that side of their building from that facade anyway. So, um you know, we we believe that we're going to be again maintaining
the the uh appropriate amount of light and air uh into that um rear yard area and into the adjacent property. Um let's see. And then I think uh the final variance we're looking for is that maximum lock
coverage. And again, this this relates to the the um rear yard setback. We're proposing a lot coverage of 86.8% uh where a maximum of 75 is permitted in the R1. Um and again, you know, we we feel that this is an appropriate use. Uh
having some additional space on our ground floor does allow us to have more space for a residential or not for the residential for the commercial use. you get a w a greater residential space or commercial space on that ground floor.
Um what was I going to say? And and that 86 uh.8% um is consistent again with that um RC1 standard that we were keeping in mind which does permit a maximum block coverage of 90%. So again we were trying
to keep that in mind in uh doing this. Um so again I you know I think that that maximum lot coverage um is appropriate here. Um we still can create the light and air. Um we are addressing the storm water impacts of the property on this
site. We are providing you know the the green um space in the rear yard. we are going to be doing those additional um storm water management um uh uh systems or or improvements um as
requested by the adjacent neighbor um to to address some of those concerns. Um so, you know, I think again overall um this m this maximum lot this lot coverage is appropriate for this site and and for the use of this property. Um I think that this property again
advances the municipal land use law. Um it's an appropriate use of the property that would promote public health, safety, and moral uh moral and general welfare. consistent purpose. A, you know, again, having a mixeduse uh lot here on this block that has historically been mixed use again creates and
continues that sort of uh neighborhood commercial um so that uh you know people with throughout the neighborhood can continue to uh get to local um retail opportunities. They don't have to drive. They don't have to go very far. They're in their neighborhood.
uh granting the requested um I think it's consistent with purpose C maintain adequate light air and open space um you know I think the setbacks uh as noted uh provide that sufficient um light and air to the adjacent properties you know our upper floor again is matching the
adjacent property to uh at 221 um and I think it promotes that uh desirable visual environment consistent with purpose I u again you're taking this sort of it looks industrial um one-story commercial use and you're
sort of trying to recreate that character, that historic character um that I think is really going to be very appropriate for this particular site and really sort of fill in. It's kind of a uh sort of a missing tooth on this this particular block front.
I don't see that these will re uh variances result in a substantial detriment to their general welfare. Again, it's an appropriate use uh given the character of this block um and continuing that that legacy of that commercial uh use. Um it'll prove the streetscape with uh you know, we'll have
new green roofs, new street trees, new sidewalks. So again, all of these wonderful improvements for the streetscape. Um and I don't believe this will result in a substantial impairment to the intent and purpose of zone plan or zoning ordinance. It fulfills the purpose of the R1 district which is to
accommodate existing housing, encourage compatible infill, preserve the streetscape and utilize and uh preserve on street parking. Uh we're a lot French. So I I think that this property you know really fits in there. You're providing uh you know for new housing
and it's a compatible infill development here on this streetscape. Um, you know, I think this advances the city's uh master plan to continue enhance residential neighborhoods uh balancing those housing needs and strengthening neighborhood oriented commercial areas. So, I think overall
both the positive and negative criteria have been met and that the variances can be granted. >> Thank you very much, Caroline. >> Do you have anyone else presenting? That's it. Uh unless you'd like to hear from our engineer, that would conclude my presentation and I would just respectfully request the uh right to sum
up at the conclusion. >> Okay. Um I don't see anyone from the neighborhood here to speak. Um are you from the neighborhood? >> I consider all of Jersey City my neighborhood.
So thank you. I won't be long. Um for the record, uh Charles Harrington of Connell Foley. As as uh Ben mentioned earlier, I represent um the owner of the property directly to the west at 221 SIP Avenue, Mr. Arvin Vvin Patel. Uh Mr.
Patel um is a retired engineer with the Port of authority port Port of Port Authority. Um so uh you he had some concerns about um the project initially. He was introduced to me by Irwin Rosen uh another you know colleague here in
Jersey City, but Mr. Rosen doesn't do any lane use. So, he asked if I could take a look at it. I explained to them that I'm not an an objecting attorney. Uh, but let me take a look and uh I'll take a look at the plan. I I'll speak to Mr. Wine, speak to planning and see what
we can do and and uh to address his concerns. Um, which he had a lot of like possible, you know, uh, drainage uh, concerns uh because he is at a lower elevation directly to the west and uh, and the size of the building. So, to the credit of of Mr. for Wine and his
client. Um they they agreed to to move the the uh to create larger setbacks at the rear of the property. Uh they they also um agreed uh to enhance the the storm water at the property uh by also putting in drainage in the backyard. Uh
they also um as as Mr. Wine testified or or Mr. Lewis testified earlier he had a concern what if the sump pump goes out you know and uh they agreed to have the emergency generator and it's operated by gas and they also last item um it's kind
of a belts and suspenders they agreed to have a two-foot retaining wall uh directly in the west and on the west side uh in the rear yard in the event the drains are clogged. So they really stepped up uh and and addressed uh my client's concerns. Uh and you know as I
as I uh you know uh spoke when I spoke to my client I advised them I I thought this is an appropriate project. You know if I was presenting it um so I I give them a lot of credit for for working with us and as as Miss Worstelle said across the street um it's uh it is the
uh the Journal Square redevelopment plan area. I actually represent uh some of the clients across the street. I know there's like a 14story building that we got approved and we're working on another one that that's going to be, you know, larger in size. So, I I agree with
their presentation that this isn't a property that should be uh developed under the R1 standards. I think it's we think it's a good project and we we thank them for working with us. >> Okay. Thank you. Um, so since there is no one from the community, do the commission I'm closing
the public portion of the meeting. Uh, do the commissioners have any questions or concerns? Okay. Can we please hear from the staff? >> Um, certainly. Um, I think Miss Worst put it best that this corridor is very,
very similar to the types of mixed residential commercial corridors that the city recently reszoned from R1 to the RC1 and RC2 zones. Um, streets like Franklin Street, um, parts of John F. Kennedy Boulevard,
stretches of Palisade Avenue, um, streets that were well often hosted street car lines. Um, and because of that, there was corner retail at the street car stops. People get off the street car, do their shopping,
you know, pick up their laundry, get a few get a few groceries for home as they walk off to their neighborhood. And um, as you this property is one of several sort of mixeduse remnants from that past and they're they're
um they're restoring that fabric. Um I mean from a professional point of view it was probably an oversight that um city planning didn't recommend this corridor for resoning as well. Um and perhaps that's something we should look forward to look into in the future and
study. Um I um staff advised the applicant to look to the RC1 standards um in terms of appropriate bulk density and they complied. Um all that staff requests is that um the
applicant agree to abide by the conditions in the memo dated October 8th. >> Yes. And we take no exception to those. Thank you, Matt. >> With that being said, staff recommends approval of conditions. Okay. No further questions. Okay. Um Mr. Secretary, can you please take Oh, I'm
sorry. I need someone to make a motion to vote on Uh god, I think it's a long night. Z2025-000011. >> Okay, I'll make a motion to approve case Z2025-00001. >> I second.
>> Vice Chair Ruva. >> Oh, me? Yes. >> Yes. >> Commissioner Shadid. >> Yes. >> Commissioner D'Angelo. >> Yes. >> Commissioner Baron. >> Yes. Commissioner Chupliki. >> Uh, yes. The one one good thing about
it, the the apartment in the back, it sort of goes to what Matt was saying too, it provide allows for the like a live work space. So, if someone has a business, they could also even live there like the old days. And we try to push the live work thing a while ago. So, that's potential there in the
future. >> Yes. Yes. Yes. >> And Chair Coyle. >> Yes. >> Motion carries. 6. >> Thank you very much, everybody. >> Thank you. Have a great evening. >> I do believe we have something to memorialize tonight. I thought I saw something. Do we have something to
memorialize tonight? >> Yeah, we have one resolution tonight. Um and uh we do have one uh set of deeds to be signed uh by the chair and myself. the resolution. >> These new these new confangle things,
I'm telling you. >> Yeah, it is about the um what the um public PSEG town building now. >> Yeah, it's the PSEG building, right? Yes, it's the PSEG building. Um, yeah. Yeah. >> Is that a docu sign?
>> Yes. Sign that over by a docu. >> When did it come? >> Uh, today. I'm looking. >> It came today. >> Yes. >> I'm trying to find this. >> Okay. Resolutions for signature. Uh, Garfield Avenue. Oh,
>> it was in the field of the zoning offices determination at 1051 Garfield Avenue >> and >> and we approved it. >> We approved that. >> Yep. >> Yeah. And present on that evening was September
25th. Present was Chair Coyle, Vice Chair Aoyo, Commissioner Shad, D'Angelo Burns, Allen, and that pass. Six in favor, none opposed. one abstension. All in favor of
memorializing that? >> I I >> Okay, that includes it. Can I get a motion to um close the meeting? To adjourn the meeting. >> To adjourn the meeting. >> Can I get a second? >> Second. >> All in favor? >> I.
>> Okay, let's go.