anything just to come to the podium and say I'm with or against. >> Yeah, exactly. >> You know what I'm saying? Because we cannot listen to everybody. >> I know. >> Okay, this is good. Let's see what we got going on.
>> Okay, good evening and welcome to the May 7th, 2026 meeting of the Jersey City Zoning Board of Adjustment. This meeting is held in accordance with NJSA 10 col4-12 the open public meetings act. I would like to call this meeting to order. Mr.
Pangelan, um are there any sunshine announcements to share? >> Yes, madam chair. Um in accordance with open public meetings act, uh notice of this hearing has been posted with the city clerk. >> Okay. Um can you please take roll call?
Certainly. Vice Chair Aruo, >> Commissioner Chapliki >> here, >> Commissioner Shadid, >> Commissioner D'Angelo >> here, >> Commissioner Patel, >> Commissioner Coello >> here, >> Commissioner Burns
>> here, >> and Chair Coyle >> present. >> We have eight present. >> Okay, so just for the record, there are eight present, but only seven will be voting. One of our commissioners will just be sitting and listening. Uh but he will not vote tonight. Okay. All right.
Can we please 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.
Um please swear in any staff that are in attendance at this time. I just see. Okay. >> Do you swear or affirm the testimony or comments you're about to make this evening? >> Yes.
>> Are there any um correspondence that you would like to share with us? >> Yes, chair. Um first we have uh for case Z2025-0094 an amendment to Z20-043 for an option to eliminate permanent elevated outdoor seating along Jersey
Avenue for 2011 Newark Avenue. They have requested to carry it to July 9th with preservation of notice. >> Okay. >> And um second, we have Z2025-000023, a preliminary and final major site plan with CND variances for 12 Harmon Street.
Uh they've requested to carry to the June 4th meeting with preservation of notice. >> Okay. Thank you. >> That'll be all. >> Okay. just um that everyone is aware that um we will um not begin any case after 10:00 this evening if it goes that
late and that any individuals from the public that have comments to make they will be limited to three minutes and uh we have someone who will be keeping time for that. So without continue any further delay, we're going to hear case Z20260029
uh which is 1768.5 Kennedy Boulevard. >> I don't know if your mic is on. >> Try that again. Good evening, Madam Chair, members of zoning board, council, attorney Rosemary Stone Dowardy with the law firm of ay Strauss here tonight on
behalf of the applicant man Property Group here looking for um three one-year extensions and the reason for that is two of the one-year extensions are retroactively being applied so that the project that was granted preliminary and
final major site plan with the D1 use variance, the D6 height variance, and C bulk variance relief that was approved back on February 24th, 2022 and memorialized on July 28th, 2022 for the
property known as 1768 to 1768 and a half John F. Kennedy Boulevard can actually now be constructed. We're asking for the retroactive extensions because unfortunately the developer took a little more time than
we would have liked to get all of their other required conditions of approval. They now have all of their approvals with Hudson County Soil Conservation uh DOT and now they have a mortgage commitment. They ran into some some
issues with financing for the project and a condition to be able to close hopefully before the end of the month is that we needed to come here to the board and get the extension granted so that they're going to be able to actually construct this project. And that's really it.
>> Okay. Thank you. Are there any individuals uh in from the public sector who would like to comment on this? If not, I'll close the public portion out. Commissioners, do we have any comments uh to make? Staff, any comments?
>> Staff would just like to confirm that the applicant agrees to the conditions of the original approval. >> Yes. And we've actually already submitted um all for the building permits and so forth with the town as well. Yes. >> Great. Um given that staff recommends
approval. >> Okay. All right. At this time, I'm asking for a motion to vote with conditions on case Z2026-000029. >> Second. >> Okay, >> I need it first. >> I'll make the motion. I'll make the
motion. You second. >> And I second. Okay. I'm a little out of sync. >> Go ahead, Carl. >> Okay. >> I will officially make the motion. >> Can I get a second? >> Second. >> Okay. Okay. Vice Chair Rujo,
>> yes. >> Commissioner Chapliki, >> yes. >> Commissioner Shadid, >> yes. >> Commissioner Gangelo, >> yes. >> Uh, Commissioner Patel, oh, sorry, Commissioner Coello. >> Yes. >> There are several individuals known as
Commissioner. >> Tonight, >> Commissioner Burns. >> Yes. >> And Cher Coyle, >> yes. >> Motion carries 70. >> Great. Thank you so much. Have a good evening. >> Thank you.
>> Okay. Our next case is Z2025-000074, which is 1072-1075 Westside Avenue. >> Good evening, Madam Chair. Good evening, commissioners. Gerard Pazilla from Gova Burns on behalf of the applicant Aanir Westside Square LLC. We're appearing
this evening requesting an administrative amendment uh to the prior preliminary and final major site plan approval that this board granted under case Z19008. Uh we are asking for an administrative amendment. I did provide notice of our application. I did upload it to the
portal and with your chair woman's uh permission I'd approach and present my original. >> Yes. Why don't you hand it to Bridget or >> hand it to Bridget? Excuse me. Sorry. Thank you. So, oh, sorry. >> Yeah. Just so we're clear, Mr. Brazil,
it is on the portal. I did review it. >> Thank you, councel. And and thank you, commissioners. Uh we have a brief presentation before you this evening. Uh the proposals that we're seeking are minor in nature and more tied to the refinement of and the completion of the
project. Uh this is a project that is under construction right now going through the final stages. Uh the proposals before you are just streetscape grading improvements that you'll see along the Broadway frontage and there is a uh plaza piaza area
public piaza area that we're just looking to partially open up. Um there is an interim request to have that partially constructed because the second phase of the building or the second phase of the project is across the
street that's not yet built. So, the piaza can't be fully constructed at this point in time. And so, we're asking for a uh an interim use for this piaza area so that the second building can be built
and allow for this building to uh be opened and accessed uh by everyone. So I have two witnesses, Douglas Mlelen from Inside Engineering who walk you through the civil site plan changes that we're requesting and then Christina MTO from
Mau uh Bower and Carmen or Milo Bower Carman NBC the landscape architects who will show you the landscape and the piaza changes that we're seeking to see. >> So I do have just a simple question. Um, it's saying for programming and design of the proposed piaza area, which is the
parking, but it also says including entry signage. >> Yes, that was a that was a typo. There was a prior iteration of signage. We did consult with staff and we removed it. The uh latest set of plans on the portal
dated uh April 21st do show no sign. Uh, and I think we confirm that with staff as well. >> That's correct. I can confirm. >> Okay. >> Okay. Thank you. Thank you for pointing that out, Madam Chair. And then with that, uh, I'll call Douglas. >> Yes. >> Okay. Thank you.
>> Here we go. >> Oh, there we go. >> See if we can figure this out. Okay. >> Sure. >> Do you swear or >> Yes, I do. >> Thank you. Spell your full name for the record.
>> Sure. It's Douglas Cleland. Uh C L E L L A N D. First name Douglas. D O U G L A S. Can you share our Okay. credentials. >> Thank you. Um I don't I'm not sure if Mr. Mr. Clinton ever appeared before
this board. Uh so I would ask for a qu you know I'll just ask him some qualification so we can qualify him as an expert. >> Sure. >> So if you can give the board the benefit of your educational background, please. >> I'm a a licensed professional engineer in the state of New Jersey. Uh have been so for the last 10 years. uh currently
work for Insight Engineering as an associate um where I've worked for the last 13 years um working on a variety of projects from uh ranging it from single family homes to a larger commercial and residential site plans. Um I also had
the privilege of serving as the board engineer for a local um planning and zoning board for many years. Um, and I have a a bachelor of science and engineering from the University of Rhode Island. And my license is in good standing. >> And your license is current in the state
of New Jersey. >> Yes, it is. >> Thank you. >> Okay. >> If you could, Doug, if you could walk the board through the changes we're proposing this evening, please. >> Absolutely. So, um, for the record, the property is 1075 1072 Westside Avenue, uh, here in Jersey
City, uh, known as block 9301, lot 30.0. 01. Uh the property contains about 3.4 acres. Um this board previously granted site plan approval back in 2019 um under the R3 multif family mid-rise zoning district for a 12-story mixeduse
building uh which contained 477 residential units, ground flooror retail space, um structured parking, and a total of 285 parking spaces. Um since that since that approval, the property has been incorporated into the FET
broadly Broadway redevelopment area zone three. Um and the property is generally located along Broadway between Corbin Avenue and Giles Avenue. um with Fyet Place running along the northern boundary um adjacent to the
Conrail and path lines and uh the site also includes the former Westside Avenue rightway u that once extended north connecting to Fiatt Place. >> Sorry, repeat that. >> Sorry. So um >> also includes the former Westside Avenue. >> That's right. Um that once extended
north to Fyat um and that area really is the focus of tonight's u presentation. So, um, tonight we're seeking amended approval for, uh, a refined and enhanced pedestrianoriented plaza space, uh, which we're going to refer to as the
piaza. Um, the updated design creates a more open, inviting, and functional public space, um, with improved pedestrian circulation um, and better overall programming. our landscape architect will go through the details.
Um, but the revisions include upgraded pavement materials, uh, decorative lighting, um, enhanced seating areas and landscaping elements that better complement the architecture uh, of the surrounding buildings and emphasize the
building entrances. Um, the plan also incorporates additional street trees, shrubs uh, and other green elements throughout the Piaza area. I have here pulled up onto the screen uh on our plans. On the left hand side you can see
the the current piaza design and on the right hand side was the previously approved. Um so providing this side by side um just to help the board see uh why we're here tonight. But you can see that functionally uh it's very much the same
uh in terms of an engineering standpoint. access points. Um, circulation remains the same. Uh, really, uh, it's more of an aesthetic upgrade in our opinion that, um, you know, goes a lot better with the building. Um, and kind of opens up that
space for for better pedestrian activity. Um, you can see on the on the right hand side, this was the prior design. Um, you know, same same access point, um, same circular driveway here. Um same location for the garage
entrance. Um there were there were ballards um proposed here along the top of the circle. Um and then these ballards here were removable for emergency access to circulate the entire building. Um so that largely remains
unchanged. Um, in terms of its location, uh, you know, we've in the proposed design, we've lined both sides of the of the driveway with ballards, continued those ballards around, uh, maintained the removable ballards on the northern portion of that circle, and then that
um, emergency access aisle continues up to FET where uh, it's a little cut off here by the by the lettering, but there is a uh, speed table introduced, which is a a traffic calming device. Um, now we don't anticipate a whole lot of
traffic up in that area. Um, to the to the right of that speed table is uh a gated entrance to the temple parking lot. Um, so we wanted to in a neighborly way maintain uh that access point for them. But um, you know, ultimately I do
think that um, the majority of the residents will use the Guiles access, the Guiles Avenue access. Um but for you know being neighborly you want to maintain that access point. So there is no um normal day-to-day circulation
around through here. Um this is really just a 20 foot wide fire access easement that we maintained. Um and then uh we also made a change to um
along Broadway. I will zoom out a little bit and and go up to here. This is a little bit better. Um, so we did work with um some of the city officials including the director of transportation
uh to refine this this southern entrance. Um you can see in the prior design there was um a unique situation in terms of the the layout of and the angle of the curb apron which was kind of governed by um
you know the part parallel parking along Broadway and the geometry of Broadway. Um but I do believe that you know with the city's input we've made it um a lot more functional. We've straightened out that driveway um to allow for uh easier
access um and then provided a striped area here ahead of this row of parallel parking stalls. Um with uh metal uh reflectors along uh to deter cars away from the
parked cars. Um and then we've also incorporated an elongated planter bed here on uh Broadway which you know throughout the course of construction um you know different surveyors had been involved in
the project. We had some discrepancies to resolve with grading. Um so we took this opportunity that we're here before you tonight um to rectify those grading issues um ensure that we have um positive drainage away from the building
and then we took the opportunity um to add some more green space along Broadway. Uh it serves a multitude of purposes. Uh adds more green space and also provides um a nice buffer between the building and those and those
parallel parking area uh spaces. And we've, as you can see, we've provided um uh walkways through um to give access to the uh the adjacent sidewalk for any cars parking in those parallel parking
stalls. Um you know, so this elongated planter bed um you know, will give us the opportunity to plant more trees um and also provides uh adequate drainage for uh you know, the building design and the prior design. So ultimately the
grading design and intent is the exact same as what it was originally. Um we're just getting there in a different way. Um but uh this planter helped us achieve that goal. So um also importantly uh like I mentioned emergency vehicle
access to all sides of the building will remain fully uh maintained uh including access through the piaza area if needed. Um, so as part of these refinements, like I mentioned, we we did finalize some grading adjustments that became
necessary during construction. Um, so I went through the the elongated planter bed there. Uh, but it was carefully designed to maintain proper drainage, um, ADA access, um, while also creating that enhanced green buffer and a more
attractive streetscape along Broadway. Um so like I mentioned the grading the site modifications uh they me they they represent an improvement over the previously approved design um by enhancing the drainage pedestrian usability uh ADA compliance
uh as well as landscaping while maintaining our originally approved stormwater management design intent. And uh that is the summary of my direct testimony but happy to take any questions. We'll hold out questions till the end.
>> Okay, very good. >> I have no more questions for this one as uh we'll call Christina MTO now, please. I don't think this this is going to this is a slide deck, just a uh renderings. So, we didn't upload these to the portal. So, if we could move this in as
an exhibit and then I will work with Joe and get these uploaded this evening. >> Sure. >> And we'll qualify you and swear you in first and we'll go through it. >> Do you want to identify that? >> Yes, I'll identify it. I guess you want to put her on the record and then we'll
I'll identify. We'll have her identify it. >> I do. >> Thank you. Please state your full name for the record. >> Uh my name is Christina MTO. That's C R I S T I N A. Must is M U S T O.
>> And Christina, you're the part of the landscape architect team on this project. >> That's correct. >> Okay. And you prepared this uh seven slide presentation that's on the board screen right now? >> I did. >> Okay. And this please tell the board what this represents or what this is. Uh
this slide deck will go through a rendered site plan. Um a couple of rendered views of the piaza and the elongated planter and then we'll look at a sidebyside of where we were, where we are, and where we would like to be with this interim plan.
>> With that said, I would ask if we can move this in as a A2. >> Yes. >> Thank you. And if you could go through please now, Christina. Thank you. >> Sure. Uh do you want my qualification? >> Oh, yeah. You know what? we should qualify you first as an expert. >> Uh yeah, so I am a graduate with a
license um landscape architectural degree from West Virginia University. I graduated in 2013. Um I've been licensed since 2019 and my license is in good standing. Um it is current. I currently work for Malo Bower Carman. We're a
landscape architecture firm here in New Jersey. I've been with them since 2020. Thank you. >> All right. So, um there we go. We'll start with this overall site plan rendering just to kind
of orient ourselves and we'll get into the description of the changes. Uh some of which Mr. Kleen just described. Um but we'll get into a little more detail. Um so, as Mr. Mlen mentioned the site itself is bordered by Fyet Avenue on the
north, Guiles Avenue on the west, Broadway on the south. The focus of today's discussion is bordered in red. Uh we're going to look at the Piaza and the elongated planter. Um the piaza itself is bordered on the west by the
west uh apartment building which is currently under construction. Broadway fet and then on the east we have the existing temple uh and two restaurants. The majority of the streetscape has
remained unaltered since the last approval um with the exception of the elongated planter on Broadway. Um within the planter we have the same number of street trees that was previously
approved plus we have added sorry we have added two additional street trees uh by the by the entrance at Broadway. Um since this planter is a little
different than the typical street tree planter, um the standard, we have included um enhanced planting within this planter since it's longer. Uh creating an enhanced pedestrian experience by introducing some lush planting between the parallel parking
and the retail frontage on the sidewalk. Um this this tree planter will also still utilize the um tree guard that is in the JC standard uh forestry. So now we'll get into the piaza a little more. Um the real reason behind this
amended application is that we've spent a little more time uh designing and advancing uh to create a fully programmed space and one that is better coordinated with its surroundings. The idea was to kind of embrace the historic
footprint of a traditional street um while turning it into a pedestrian focused environment. So we do this through the use of brick brick look pavers which run down the center of the piaza shown here um with a more
traditional scored paving on either side for the sidewalk. Um, this mimics an industrial setting and reflects the aesthetics of the new Westside AB apartments which are being constructed. The revised plan also
simplifies the planting to create a more flexible space for gathering um and updates the lighting to reflect that streetscape feel, but brings it down to a more pedestrian level using um or we use the the JC standard
uh street light in two different ways on this plan. Um, we'll have the the standard posttop which is seen along the streetscape. And then when we get back here um into the more pedestrian focused area, they'll be mounted to the side of
a taller pole and we'll have string lights that crisscross um over this central brick avenue. We've also included um a shade structure at the northeast corner um by Fyeta Avenue for some extra
seating and shade opportunities. And lastly, as Doug mentioned, we included this um speed table as a traffic calming measure. And at the top, we've added removable ballards um for that emergency access, but preventing daily uh
vehicular access. So, what will this look like? Um, this is a a rendered view looking from Broadway down the piaza. So, you'll see the the bricklook pavers that go down the center which are flanked by fixed ballards to prevent vehicular
access. Um, and the center circle is where um vehicles can access the garage to the apartments. At the top of the of the circle here,
you'll see some more ballards. Those are removable for emergency access. And then towards the back, you'll see the new lighting design with the sidemounted light poles uh light fixtures and the crisscrossing um string lights. And then at the very
back, you'll see uh the shade structure that we're proposing. Next, we'll look at the elongated planter. Um, as Doug mentioned, there is uh access from the parallel parking
spaces along the planter on both sides. Uh, and there are these these cutthroughs. Then we have a roughly 4 foot wide tree um planting pit with uh lush plantings. and a 10- foot wide sidewalk um from
back of planter to building face. So now we'll talk a little bit about um you know where we were, where we are and the interim phase. So on the left is the originally um submitted and approved
plan. In the middle here is the plan that we are submitting and on the right is this interimm plan. So this plan allows for full access to along the Westside Avenue apartments while the
second future phase um can be built. So, it calls for all of the amenities and paving on the uh left side of the plaza um to be installed. So, all of the scored concrete, the fixed ballards, the
lighting elements um with the exception of the shade structure to allow uh free pedestrian access. Um all to be installed. This darker gray color is a temporary
asphalt for um vehicular access both um to access the garage pedestrian and uh construction vehicular access. And then when the second phase is completed that asphalt can be ripped up
and um you know you can implement the full piaza with little disruption to what was already installed. Um and with that we'll end on this rendering and that concludes my testimony for tonight. >> Thank you.
>> That that's our presentation. Happy to answer any questions. >> Um well, first I want to see if there's any individuals uh from the public who would like to make any comments. Please approach. >> Good evening all. >> Good evening. Do you swear or affirm the testimony you're about to give in this proceeding
will be the truth? >> I am. I do. >> You can state and spell your full name and provide your >> Michael Manzo, MZ, 82 right Avenue, Jersey City. Good evening all. >> Good evening. >> Good evening. I mean, it's it's pretty
and everything, but going back maybe over 10 years or so, when we sat down in the community, and this was a thought, uh there's certain concessions that the community made in order for this to go
forward. Westside Avenue from Broadway to Fyet is a vacated street. There is no more street. And because of that, we heard everything to the hilt of pedestrians
walking, eating outside. We even got into, well, who's going to police that? You know, break up the hanging out and stuff like that. And we got it that they would do it. And even they forgot to allow for emergency vehicles. That's how we got into the
movable ballads and a turnabout at the north by fyet and to allow access to the temple at the same time. So knowing that we had this pedestrian plaza, this place where people could walk, they could dine
and become part of the picture of the art walk from Newark Avenue. We went from one structure to two. We gave him two structures. We went from like eight or nine stories, we gave 13 stories. So the community gave a lot of
concession because everything was pointing to this plaza for pedestrians. Now they want to unate it and allow traffic to enter from Broadway. There's not even enough space. Now, traffic and engineering had to come and move the
stop sign 35 ft to the west because when you come down Broadway going west, you're going to hit the curb. That planter saying from the back end of the planter to the facade of the building that's 10 ft. Never happened in a million years. As you going down
Broadway now going west, you're going to wind up driving on a sidewalk. It just doesn't happen. The picture is not attuned to what is reality. >> One minute. M so thank you. >> So what I'm saying is the community gave
them so much to get this pedestrian thing. Now we're going to open it back up to traffic. We conceded to Giles Avenue. We conceded to Faget Avenue having access. And now they're going to have even Broadway. And to top it off,
we conceded the 40 parking spaces on Fyet. We still don't have parking back on Broadway. We can't even have a parish festival because it's all cluttered. We don't know why till this day. I appreciate your time and listening. >> Thank you. >> Thank you.
>> Anyone else from the public who would like to make a comment? Okay. At this time, I will close out the public portion of the um the this the session. Okay. Um commissioners, do we have any questions that we want to ask at this
time? I I have a question. Um, have we lost any street parking? I saw from the first rendering that it's you it seemed to be um parking was going back further to where signage here or whatever on this one, but now it looks like you've put in
some kind of um lines of some sort that looks like it took away several spots on the street. >> Uh no, no street parking was lost. Um, so I can >> show So where the striping is. >> Yes. >> That actually used to be curb.
>> Okay. >> So it just kind of opens it up more now. Um, you know, and straightens out that apron. That was a recommendation from the from the city's officials. >> Okay. Any other commissioners? >> I have a question. Is this are you going to replace this uh the bini? Is that the
this area being replaced by buchinis? >> So that's the second part of the project. That's not before >> this board right now. That's not that's the other side of the street. So that's why the interimm condition that's all going to be part of that. >> All right. I usually go to the festival
in Carmel. Is it Mount Carmel? >> Our Lady Mount Carmel. >> Yeah. So is this going to hinder that that that whole, you know, festival and and and the uh parishioners that go there? >> I don't think this should uh you know, we are under strict city permit conditions. So, you know, we have to
comply with, you know, what the building department with the division of transportation and infrastructure, uh, tell us. Uh, and I know they coordinate these events. I know the, you know, I I've been around here long enough to know that these festivals take place in the early after, you know, later in the
evening, you know, 5:00 on. Uh, there's no work that's going to be happening post that time. But uh if there is any sort of impact, my client will definitely work with the city and the the parish to make sure that there is no impact. But we don't see it this being
impacted by that, you know, at all. >> I see. >> So So this isn't going to be a through traffic street. It's a plaza. Only the cars going into the building would use that front portion off of Broadway. >> That's correct. That That's right. So in
essence, it's more or less a plaza except for >> that first portion up to the Sorry, sorry, sorry, excuse me. >> Yes. So it's it it's only being there only going to be vehicles that are entering or exiting the building for the most part, the garage. Correct.
>> That's correct. That's the only access into that portion of the area. Just to into the garage and out of the garage. >> Okay. And just just that this is not a change. This was part of the original approval. This condition of the cars going in and
out on that circle or from that circle. So that's not new before you this evening. So that was always part of the original approval. >> Anyone else have any questions? Can we hear from staff, please? >> Certainly. chair. Um staff reviewed the
project and found it to not run a file of any standards in the FET and Broadway redevelopment plan as well as um applicable standards in the land development ordinance. Um the proposed changes appear to be appropriate aesthetically with what's being built
and what is there in the neighborhood. Um as Mr. Pazil mentioned the the addition of additional the the addition of more ballards does not encapsulate any sort of new proposed um driveway or
anything like that. It's just providing additional protection between uh pedestrians and um vehicles. So um that appears appropriate there. We also had worked with other departments such as uh forestry and transportation and get
obtaining their input and reviewing this project and um everything appears to be on the up and up. Um with that said, I just want to confirm with the applicant that um they will abide by the conditions of the original approval Z19-00008. >> Yes, we've reviewed all those conditions
and we agree that they will be attached to this approval should the board make that motion. >> Okay. With that said, staff recommends approval. >> Okay. Thank you. Does the sta Does the commissioners have any questions of staff at the time? Okay. Um I am asking
for a motion to vote with conditions on Z2025-000074. >> I'll make the motion. >> Can I get a second? >> Second. >> All right. Vice Chair making a motion to >> approve. Yes. Motion to approve. I'm sorry.
>> Okay. Okay. Vice Chair Aruo. >> Yes. >> Commissioner Chiplicki. >> Yes. >> Commissioner Shaded. >> Yes. >> Commissioner D'Angelo. >> Yes. >> Commissioner Koviello. >> Yes. >> Commissioner Burns. >> Yes.
>> And Chair Coyle. >> Yes. >> Motion. Motion passes 70. >> Thank you, commissioners. Have a nice night. Thank you. Okay. Okay. Now we have the >> Now we have we have the cinnamon buns.
>> Do you need a break or anything right now, Bridget? You're okay. Okay. Um, are we definitely going to >> Okay, we'll move on to our final case. Uh, it is case Z2026-000015, 615 Jersey Avenue.
Good evening, ladies and gentlemen. My name is Timothy Little. I'm an attorney at law firm at Timothy J. Little PC. Uh here on behalf of uh our our appellent, I should say, David Zut, who resides at 617 Jersey Avenue. Um we had
uh taken an appeal of a zoning determination um issued by uh the city official. Uh we have u filed our application and our uh position papers on that. Um, tonight I am here to uh
discuss with the board and present our case that we believe that the continued use of this property as it currently runs falls into needing a conditional use approval as its prior use has certainly gone
beyond the scope of what presently is taking place. Um, with that, I'd like to call uh our planning expert uh Samuel Bellamy, who I'll have testify as to his review of the the ordinance and the plan
um for the board. >> Mr. Little, before you start, let let me ask you a question. You and I spoke about this. We were talking about whether your appeal was timely or not considering a 20 days, and you and I concluded that it was. >> Yes.
>> This particular thing, but As I'm looking at this application, I'm I'm a little bit confused because the the business has been in existence since 24, right? 2024. >> Correct. >> In 2024, they had a zoning approval and
historic approval as from what I'm reading. Is that correct? >> They had that approval at that time. Um, we submit it perhaps under the proper analysis. It shouldn't have been uh classified as a retail use, but it it
was um adopted that way by the city. >> But but I see I see Miss Mar responding to uh Samuel Bellam in a letter on December 19th. But what is she responding to?
What did Mr. Bellamy ask her? >> Mr. Bellamy did not ask her anything in particular. Um I mean we're are saying that the um the current use of the property is beyond a retail use. It falls into a cafe 2 use and that
requires a conditional approval before the sport. Um it it has expanded u in its scope hasn't always been how it is operated now. Um there are certain observations that have been made of its
uh operation which puts it into this other category and it's not a retail service. It's not retail sales either. I think what she may be alleging or alluding to was well it was approved back in
2024 and therefore certainly 20 days has gone beyond that. Um but we're not reaching that point. We're saying that the development and the um the growth of the business has put us into a conditional use um application. It's not
a retail service. It's expanded. Um it has uh all the ele has several elements of a cafe uh as defined in the ordinance here in Jersey City. Um it has a substantial change in use from what it
had been when it had opened. There's food prepared on the property. Uh there is a grease trap. Uh there is application for permits which certainly fall into the category of a cafe too and
not as a retail use. >> How are we supposed to know that as a board? >> Well, we've approval back in 2024. Nobody appealed that. Now you're saying they went beyond the approval. >> They did. And but how are we how are we
supposed to know that? >> Well, we as part of our application, we have submitted various pictures, current observations of the operation uh of the uh of the business which would allow the board to make that determination that
this is something the board needs to look at more closely. There were pictures that were uploaded. Uh we have te we have testimony as to inerson observations currently coming before us with a building violation of some sort.
>> Nobody's filed a violation. The city hasn't given this business a violation of any sort. >> Uh not presently. No, they have not. the um zoning official had said this is a retail use and they affirmed its prior
use and we have uh appealed that and saying that it's not a first it's not a retail use but if it is if it was originally it has gone beyond that and here are our proofs as to that. >> Let me let me ask you this what happens
if Marone didn't respond to Mr. at all. You wouldn't be here. >> Well, I'm not so sure about that. >> Why? How would we be here? Tell me. >> We took an appeal of the zoning. >> She wouldn't have answered.
>> She wouldn't have answered it. >> So, what would you be appealing? >> That the uh current use of the property is not being um it was not properly permitted as it is now functioning as a cafe. That wouldn't be an appeal. Would
be asking somebody to issue a violation. >> Correct. >> If if if Miss Mar didn't say anything at all to Mr. Development, we wouldn't be here and we wouldn't be listening to this because your your time to appeal
whatever happened in 24 is gone. So now you're alleging that whatever happened in 24 has been expanded. this and that, but that's called a violation in my mind. That's not called asking Miss Mar something. She gives you a letter and
then all of a sudden that's an appeal. If that happens, you'll be burdened all the time. Everybody would be asking Miss Mar. She answers the question and people say, "Okay, let's appeal." I don't think we have jurisdiction. That's my opinion.
Well, I would disagree that I I I obviously um >> but just to answer that question, if Miss Mary if you didn't have this letter Dece 719 from Miss Mar, why would you be here? >> How would you >> Well, if we didn't have this letter, we
could not be here. And we've >> all right. We've appealed her determination of the use of this property as it's presently constituted. >> No, but this No, we're going to talk around. So, let's assume the letter is
not here, then you wouldn't be here. >> I would could not have taken an appeal of of nothing. >> So, what what is Miss Mar responding to to Mr. Bellamy? What did Mr. asked her.
>> All right. >> Is that a letter? Is that just a hello? It's me, Sam. >> What do you think? >> No. >> Is nice enough to say this is what I think. >> All right. Well, Mr. Bellum asked
specific questions which were not responded to. He >> in what format? and as as part of a request for the zoning determination letter and this was this was provided uh
to >> see is it on the portal >> I'm fairly certain it is on the portal >> I I did not see >> okay show me >> all right this would be part of it
>> did you want me to approach why we're here that's all that has my highlights on it. Um, so I just would want it back. To me, I think this letter is asking for a review of something that's out of
time. Why don't we just continue make this part of the record because I I don't see it. >> All right. I want to hear it. >> I want to know what >> Kelly
is going to have to not but whether we have jurisdiction just based on that letter and based on response. So let's go beyond that for a moment. That would be for a higher
authority. >> Understood. All right. >> All right. Um, with that, I'll call Mr. Bam. >> Do you swear or affirm the testimony or events if this proceeding will be the truth? >> Yes, I do.
>> Samuel Bellamy. Last name B E L L A M Y. >> It's my understanding Mr. Mr. Bellamy has appeared several times. >> All right. Um, Mr. Bellamy, uh, would you give the board the benefit of, uh, what research you had done, uh, as to
the question before the board as to the use of the property at 615 Jersey Avenue. >> And just for the record, my uh, license is active as and in good standing as a professional planner. It's it's nice to see everyone. Um so our firm was retained um in order to review the
current use of the property, the prior use of the property and the zoning ordinance and definitions, permitted uses, conditional uses. Um so we were brought in to objectively look at what was operating and come to a conclusion of what the use is and what it should be
classified under based on our review of the zoning ordinance. Um so we're looking at the property at 615 Jersey Avenue. It's a two-story mixeduse building with residential on the upper floors and uh and and previously a
office uh development um office on the ground floor and now it's currently the Hive business which is a cafe coffee shop on the on the ground floor. Um so we did submit a letter to um the zoning officer dated December 2nd, 2025 and
that letter was a request for a zoning determination. Um, our involvement started around the fall of 2025. Um, it's my understanding there were several informal um, communication with the zoning officer to um, bring up some issues related to what the use was that
was operating there. um the level of intensity and whether or not food and drinks were being prepared on site um under the the current under the the retail use classification that it was operating with the CO under certificate of o occupancy.
Um so a little bit of background the properties located in the horsemouth Cove Historic District. Um the permitted uses in that district include town houses, schools, government uses, houses of warships. Um, and there's also
permitted uh conditional uses that include retail sales, retail services and offices limited to the ground floors and parlor floors of attached dwelling units having direct pedestrian access from one of the following streets or parts thereof, including Eerie Street
between Bay and Fifth Streets limit to those properties where commercial use is already in place. So, retail sales, services, and offices is a permitted conditional use in the zone. Um, but given that it's restricted to properties solely with frontage on Eerie Street, it
does not apply to this property. So, the former development office that was on the ground floor was a grandfathered in existing pre-existing non-conforming use. Um, with the change in use and and I'll get into this in my testimony, um,
we're establishing that the use now is substantially different than that prior office development use and that that use rises to the level of a ref a cafe restaurant category 2 use. Cafe category 2 restaurants are
permitted use conditional use in in all districts except the east side of Washington subsix and more streets but to include corner properties on that block under the following conditions. So cafe restaurants are a permitted conditional use in all zones of the city
um subject to uh a number of conditions and I'm going to reference a couple of those conditions. I think they're important in establishing uh the the the real difference between a retail sales and services use and this cafe uh restaurant use. So the conditions
include but aren't limited to in no instance shall a hooded ventilation system exhausting outside of the building be permitted. In no instance shall food preparation create greasyladen vapors and another condition related to garbage receptacles shall be
kept within the building for storage so that is not stored on any street sidewalk area front yard or within a public right of way. Um so you'll see many of the conditions related to the cafe um restaurant use are directly
referencing food preparation and the equipment um required um and and generally consistent with food being prepared on site. Um so I say that in way of background. We're not here tonight to review uh a D1 or D3 um use
variance application or conditional use variance application. So, we're not looking specifically at these conditions and seeing if they are being met. My referencing of those conditions really is to provide a framework for establishing the difference between a retail service and sales use and a cafe
restaurant use. Um, which I'll go on to do. Um, really the the the reason we're here I I think is is not to get a business shut down or um to to say that this use is not permitted here. Um it's
to to uh again objectively look at what the city permits by way of uh permitted principle and conditional uses the definitions and and ensuring that the correct um use is being applied uh and and categorized uh for what's operating
on the property and really protecting uh against nuisance and potential nuisance impacts on adjacent neighbors uh residential uses and and neighborhoods. Um so so taking a step back um the prior use uh prior to the hive operating was
Gotham West development. Um that that use was really related to a professional office use. It wasn't a um a a real estate office where public's going in and out looking to buy and sell homes. It's really more of a development
office um related to private private um private meetings not not generally open to the public coming in and going within the business. Um retail sales I think this definition is important is an establishment engaged in selling goods or merchandise to the
general public for personal or household consumption and rendering services incidental to the sale of such goods. In no instance shall bars or service stations be considered as retail sales. Also reference the retail services definition and that's an establishment
providing services as opposed to products to the general public for personal or households use. In no instance shall drug rehabilitation centers be considered as retail services. So generally retail sales and services the the definitions are more
broader. um they could really encompass a wide array of commercial type uses. Um I think a retail sales and services use can certainly sell prepackaged uh food products. Um think of like a bodega type
use um that you see in in in kind of neighborhoods. Um, so I think the the real distinction here that I'm going to be getting at is the difference between the preparation being done on-site versus off-site um of raw products getting transformed into finished
products for for consumption. Um, and I think that's really the the difference between the retail sales use definition and the cafe category 2 definition. And for reference, uh the the cafe category 2 definition is
a small-scale restaurant with limited seating, engages in the selling of light meals and drinks. A cafe is designed to operate for substantial carry out service, delivery service, self-service, counter service, and which uh may uh may
but is not limited to include on on premise consumption. No commercial kitchen or ventilation systems are permitted. So again, there's reference to the commercial equipment and exhaust. And I think that sets a threshold of cafe restaurants um and really a cap on
cafe restaurants before they rise to a level of um category 2 or three restaurants which are generally higher intensity uh food preparation um businesses. So, I think there's a clear distinction in the definitions between retail sales and services and the cafe
definition. And it really falls back on the preparation of food and drinks on a on a property. Um, going into the office use uh designation. So, I do think that the Gotham West development um use was an office use, not a retail sales and
services. Again, that was really the the difference between um public coming and going and interacting within the office and having a private business um with really that's more client meetings, not public coming and going on on site. Um so, so we did take a look analysis of
what's currently being operated there at the Hive uh cafe. Um the Hive uh business that's operating there. We also looked at the website. I know there were a number of pictures submitted online that kind of showed the extent of the operations. Um, and I want to reference
some of the the website um here and I'm going to be paraphrasing some of the the um the kind of about us of of the hive business. So, it includes we partner with a local rooster co-bricks to serve up fresh certified organic blends that
are prepared downtown and delivered to us weekly. 100-year-old farm family-owned business is one of one of the many hidden treasures in Hudson County. It goes on to say, "If you're feeling hungry, our menu of pastries and homemade confections will satisfy any
craving. Our partner, our bakery partner, I Delights, delivers fresh croissants and scones daily. And if you're in the mood for something sweet, Boomerang Bites is a female founded specialty treat shop that offers a variety of goodies made from scratch and
sometimes chocolate. Then it goes on to say, "Then there's our housemade menu of cookies and seasonal limited goods. And of course, our famous cine rolls. Cinnon rolls are served Fridays, Saturdays, and Sundays only from 8:00 a.m. until we sell out. Follow us on Instagram for a
surprise weekday ciney roll drops. Everything we bake inhouse is painstakingly tested, prepared, and baked fresh daily with love. So, I think those first two paragraphs that I read off are clear that many of the items that are are served within um the hive
are pre-prepared foods that are brought in, shipped, brought in, and sold um on site. So, they're not being prepared on site. But I think that third paragraph describing the cinnamon roll process along with some other baked goods is a clear indication that food is being
prepared on site. Um raw raw mater raw raw ingredients are being baked and then served for consumption. So it's gone from a raw state to a a fully prepared. Um >> I don't get this Mr. I really don't. So this is what you're telling us. So what
happened? You should be focusing on what was approved. There was a CO in 2024 based on historic preservation and the zoning board, right? Tell us how that's changed. Otherwise, you're appealing something that happened in 24 and you're
out of time. >> Yeah. So, so those the from what I reviewed the CO the zoning review application everything was continuing the retail use that was grandfathered in but everything had said no preparation
of food on site. So again I think under that those approvals it was under the guise that no food or drinks were being no food was being prepared on on within the business. I think that has the business has clearly gone beyond that is now ser
>> by what you just read that something is gonna be heated up that means that's prepared on site >> it's it's going from a raw raw dough to baked in a commercial oven >> um and and I I think that that kind of
covers that the food preparation aspect. Um we did submit an OPER request and received other permits um back. So there was um a Jersey City Department of Health and Human Services notice of violation that was dated June 12th, 2024
and that stated the Hive classification is only a class B restaurant less than 20 seats. Class B restaurant is defined in chapter 175 food handling establishments as any retail food establish establishment limited to an
occupancy of not more than 20 persons engaged in the preparation and sale of food. So I think by way of that um that health department notice um it was it's clear that in in terms of the health department that this is a restaurant use
on the property. Um there was also a plumbing permit plumbing uh that was number 2023-0000297 dated September 19th 2023 that included an itemized list of fees and those were related to drain waste and vent fee,
grease trap fee, trap gasket fee, etc. So uh many elements of again tying back into those conditions for cafe uses I think are present on the property and again are evident that this is um a site where food is being prepared and and
served on site. >> Okay. Um, and then I I think I'll I'll kind of wrap it up with um the substantial change of use argument. And this is related again to what the approvals were
for um to operate a a retail business, the continuing operation of a retail business. I think what's clearly being operated there, it goes beyond that and does rise to a level of a cafe category 2 restaurant. Um those those uh the
intensity of the use I think has certainly changed. It's open to the public. Um the hours are 7 to 5 p.m. Monday through Friday and Saturday and Sunday 8 to 4:00 p.m. Um I think there are several instances of commercial
equipment and ventilation. Uh again evident of the food preparation that's being done on site. And I think the the real intent of having the cafe uh category 2 use definition and conditional use within the zoning ordinance is to recognize that this use
may be appropriate in residential neighborhoods, but there is a I think a level of um nuisance impacts related with any food preparation business. I think the intent of having a conditional use with condition conditions is to regulate that use and ensure that there
aren't negative impacts on the surrounding residential neighborhood. Um we we were able to find the ordinance creating that cafe category 2 use designation um along with the conditional use. So you know our role as
planners really is to try to interpret what the meaning and and intent of an ordinance is. But I think finding this ordinance um there were direct references from the city council clearly stating what the intent was. Um so it was a recommendation from the planning
board um was to allow cafe uses throughout Jersey City and that was to create a distinguished use cafe from retail category 2 restaurants. So clearly they saw a difference between retail uses and cafe uses and they
wanted to really distinguish the two. I think a lot of times you end up in a situation with zoning appeals because definitions are so broad and there aren't direct terms or permitted uses. I think Jersey City really has done a nice job of clearly defining uses and setting
thresholds and I think because of that um it's my professional opinion this the hive business is a cafe category 2 restaurant. Um they the council did go on to give reasons for creating this ordinance. So I'm going to read that off and it's
cafes are a type of category 2 restaurant but in making it a conditional use allows the use to exist subject to the conditions that address any negative impact a food service establishment can have on its immediate neighbors and surrounding neighborhood. So, I think that reasoning for creating
the ordinance that the city council gave really is the crux of why we're here tonight. And it's not to get a business shut down. It's just to recognize that this use did go beyond what it was originally approved for as a retail use by preparing food on site. And that
rises to a level of category 2 use. That would have to come before either the planning board for conditional use approval or the zoning board for conditional use variance approval. Um, I know I covered a lot in my testimony. Um, but I'd be happy to answer questions
that the board might have on on this. >> We'll hold questions to the end. >> Is that it? Is that >> just subject to um a summation that I'd like to provide whether it's now or after anything is opened up to the public or however the board would uh prefer
>> open to the public. >> Yes. Okay. At this time we're going to open it to the public. Um if there are any um members from the public who would like to speak, please approach the podium >> and again your comments will be held to three minutes.
>> So I'm an attorney for the hive. >> Okay. if I could. >> Okay, >> maybe now three minutes. >> Okay, >> thank you. Uh, Amanda Curley on behalf of the hive, the operator of the site. I'm from Dave Pittney. I actually have a couple questions for Mr. Bellamy if
that's okay. Should I wait for that now or >> actually I imagine you should do that now. >> That's what I figured. If he'd like to come up and then I can talk. I also agree with the board attorney here that the jur there's a jurisdictional issue here. you know, we've been operating for
two years and he's trying to use a confirm the use is okay as a vehicle to open up a longstanding approval. If you did this, every single business would be subject to a neighbor who's unhappy. >> Can you just cross?
>> I can. All right. Hi, Mr. Bellamy. So, I assume you've handled a lot of cases here in Jersey City as a professional planner. >> Yes, I have. Is Is this on? >> It's on. >> Okay. >> Okay. So, under the retail umbrella in Jersey City, what would you classify as Starbucks or Dunkin' Donuts or the
coffee shop down the street from here? >> Yeah, I I haven't analyzed those exact uses. Um, but again, I think it really comes down to the the establishment of whether food and drinks are being prepared from a raw state to a finished product. So, when I get an egg bite from
Starbucks and it has to be heated and cooked at Starbucks, you're saying that would transform my Starbucks order from a retail use for getting coffee to a cafe? >> Yeah, like I said, I haven't analyzed a Starbucks use, so I I don't want to
speculate on how they cook or bake their products, whether it's microwaved or in an oven. >> Okay. When you did your examination, did you look at the CEOs of other businesses in the immediate area like the coffee shops to see what they're classified as? >> No, I did not.
>> Did you read our CO that says that we're we are um retail coffee and tea shop? >> Correct. >> Okay. I just wanted to make sure. >> Yeah, I think the CO and the zoning review application reference that no food is prepared on site.
So on in your opinion finishing product in an oven is preparing food on site. >> I think going from a raw food product to a a cooked product to be consumed is is preparing food >> and that is different than if I am heating up cookies in the oven for
patrons and then how is that different from scratch? Where do you throw the line then for the retail use in your opinion? >> I think it's that that raw state to a finished state. So, is it is food safely pre-cooked where it's it's getting
warmed up to eat? Can you eat that product cold if it if it was not baked? I think that's the really the distinguishing line. >> So, in your opinion then anyone who's been classified as a retail use in Jersey City under the historic standard, which we have been classified of, can be
open to this type of appeal? >> Sorry, the historic standard. What >> this is? So this the his in in Jersey City there's a historic standard of retail versus cafes. Now Starbucks are retail. Duncan is retail. The coffee shop down the street is also considered
retail. So my question to you is based upon your interpretation all of those need to come back. >> I would need to I I would evaluate a property on a case-by case basis. I don't think precedent is set by other businesses. No. >> Those are really my questions.
>> Okay. Joe. >> Okay. Actually, I have one more question back. You you made a big deal about having an oven and a grease trap on the property. Do you know if they were there when they inspected it for the CO? >> No, I I base that off of the plumbing permit that that was uh part of the
Oprah request. >> Okay. So, the fact that they were there when the city was inspected, that doesn't move the needle for you at all with the ch you're saying that the use intensified and changed. But when they did the CO inspection, the grease trap
and the oven were there. >> Yeah. Again, I I think there might have been um there there's a there's a level of um differences between who's the zoning officer, the inspectors, the building departments. Um I think they were there
to inspect those um evidence, but I don't think that would tie directly back to a zoning interpretation on the property. And then also just have you ever in your career had this type of application where a business has been operating for years, you file a letter
and you go to the zoning board to appeal that determination. So I I think um again it's it's when before I was brought on to this application I think there were um letters presented uh to the zoning
officer kind of identifying some of the uses that were operating the the food that was being cooked. Um at that time I don't think there was a formal zoning determination letter submitted. Um so that's what our office came in. We reviewed the application objectively. We
provided um our our opinion on >> my question is have in any other case anywhere give me any municipality have you ever had this type of application because I've never seen one. >> I have I guess in similar case I have a a bodega that's been operating as
bodega. They're adding a kitchen and and now going for a use variance >> but they're adding a kitchen. >> Okay. >> I think I made my point. >> Thank you. Thank you. Yes. Any other questions?
>> Uh, no, no questions. Just my name's Noah Navar. >> Okay. Just >> hang on. Okay. So, at this time we will take uh comments from the public and uh your time is three minutes and it will be timed by commissioner Shahid. >> Sounds good. I won't need three minutes.
>> Yes. state your full name and provide your address. >> Noah Navaro. N O A H N A V A R O. My address is 58 Wayne Street, Jersey City, New Jersey. Um my name's Noah Navaro. I'm Councilwoman Mta Singh's chief of
staff. Just here to register her support for local business and for director Marion's original determination in this case. That's all I have. Thank you everybody. >> Councilwoman Ma Singh. Do you need me to spell that? Uh M A M T A S I N G H MA Singh. She's
council at large. >> Have a good day everybody. >> Any other speakers? >> I do. >> Rebecca R E B E C A Rosakis. R O Z A K I
S and I live at 339A 8th Street. Uh I just want to say I'm I've been a customer of the Hive for 2 years now. Um and I know I'm not the only one who feels this way, but I think I'm probably the only one who made it out tonight. Uh
that it's a really important part of our community. Um it's it's got this little play space. people come to I like you see uh kids from the high school coming after school and having their meeting their meetings to talk about their
projects. Uh I'm a freelancer. I like to go there and work. Uh it's a really welcoming friendly place. That's been really important to me. Um and I'd really hate to see us lose it. Part of why I live in a mixeduse development is to have mixed use in our development.
Um, and I mean there's there's another coffee shop that does banana bread that's two blocks down on the same road. Uh, and I could go to them, but the hives coffee is better. So, >> you had uh so I just I just want to register my
support for this business. It's a key part of the community. They've been really active. Uh, they were out there when the marathon came by handing out uh bits of uh cinnamon roll. Oh, it's it would be a major loss to the neighborhood if we lost them. That's
all. Thank you. >> Yes. >> MUI Ahmed. Um 2086th Street. Spelling is mufti. Last name ahme d. N. >> Yep.
>> So, I'm a um local property owner in the neighborhood Hamilton Park. I'm a honeybee beekeeper. No connection to the hive. Um >> I'm a regular I'm a regular customer. I've been going there for a couple
years. It's more than just a business. It's like community. Um, so I would just say what else if this closes, what are you going to have? I don't I don't want a big box type of retail establishment like Dunkin' Donuts or Starbucks. I
purposely avoid those. I want mom and pop shops. I've been living here for almost 10 years. It's just a great place. I I come there, I study, I read, I bring my friends there, I bring my neighbors there. It's just a great place. So, I
strongly support the hive and yeah, >> appreciate your consideration. >> Thanks. >> Thank you. >> Anyone else to comment this evening? >> Okay. If not, I will close out the uh public portion of this meeting. Uh commissioners, do we have any comments
or questions? >> Can he want to say something? >> He wants to make this. Sure. >> I just wanted >> Okay. Um, commissioners, we we are not here to try to close this business. All we are here
to do is to have the city enforce its very detailed zoning ordinance. And we believe as a fact the matter has exceeded uh perhaps the original retail use and it requires a a review in order
to uh fit into the community uh as a proper cafe as defined in the ordinance of Jersey City. Um it it we we feel the uh the zoning officer did not make the right factual determination or even look
at the facts and the law allows us to appeal the decision in that regard. And that's why we are here and we're simply asking uh for the board to consider having the uh the hive or direct the
zoning officer to have a conditional appro conditional use application submitted for this use. We're not here to shut it down. We're here to try to make it conforming to the ordinance. >> Thank you. >> Can I Can I still ask a question?
>> Kathy, >> can I still ask a question of >> Yes. Yes. I have a question. Um, to your knowledge, has there any ever been a violation against them from the health department regarding their business and what they produce there?
>> Uh, I'm not sure if this was a health department issue. There was, uh, they were allowing people to eat in the backyard. Okay. >> And, uh, they were asked to stop and and they did. To your knowledge, was there any um violation from the buildings
department or codes with respect to expansions of their business stuff that has to >> I would say no as to that. >> Excuse me. I would say no as to that. There I think there were some structural issues uh that had to be addressed that were brought to their attention but that
wasn't dealing with the use. >> Okay. Thank you. Adding to the same question, anything any violation from the fire department? >> None to our knowledge. As of the fire department, >> anybody else? >> I think there was there were perhaps a
call uh to the site perhaps from smoke or something, but that was um that's the extent of it. >> Unreal. And >> I just wanted do do they also have an exhaust system in order to to for
anything for any smoke or anything to go outside? And uh >> I'm not aware that they have they had applied for a ventilation system. I'm not aware that it has been installed though. >> I see. So how do they bake? >> They have an oven. They uh that they
use. They have a >> a regular plug-in oven. It's an uh it's an oven that to the picture it looks like you put in several racks of the cinnamon buns to cook. Um I don't know what you would call it. It's >> well you know they have like you know
regular stove oven and then they have and then they have the regular you know plug-in oven. The little ones you know the ones you just >> uh this I would not say this is a little one like you may have at home. This is more commercial size and commercial refrigerators.
>> I speak as well. I got to stop talking. Are there any other questions from the commissioners? Do you have any questions? Okay. Okay. Can we hear from the staff, please? >> I'm I'm here, too.
>> I just I can't I just can't y >> swear or the testimony or comments you're about to give this meeting to the >> Yes. I can't speak as staff. I have to speak as the zoning officer. So there's nothing to speak. I'm here for questions
or anything. >> Okay. Um so coming and so in reviewing this case, I do think um Mr. Leakia does have a point in terms of like how this was handled procedurally. um essentially in providing um and basically appealing
a zoning determination based on an already approved use. It kind of sets precedent that any sort of approval could then be called into appeal way beyond the the 20-day appeal period just by applying for a zoning determination
letter, which kind of puts zoning staff in a very precarious position. Um but in terms of um Tanya's analysis uh as a zoning officer, I mean if there's anything any clarification needed on her end, we're happy to provide additional
details onto that as well. But >> given I'm a little vague on what you just explained. Can you explain that a little further? Because >> so um the whole definition. So in um so basically the reason for this appeal right now is um
resin robin uh Mr. Bellamy had applied for a zoning determination letter with regards to the hives uh the hives validity or viabilities of use in that address. >> Tanya based on the analysis that she had of the use in the address uh provided a
response based on the previous approvals that had been provided. um I don't have the year um in mind but but then in response to that they applied for an appeal of on her response not the approval itself. So essentially
if I were to let's say the Westside Avenue project that we just approved somebody could come back years from now and basically ask uh apply for a ZDL with regards to that use or sorry with regards to that building. we could provide an answer based on like the factual the factual process of how
we got there and then they could then appeal that and then we're back here again way beyond the permissible appeal period. So procedurally that is you know troubling to us as planning and zoning staff because it virtually extends the
timeline for any appeal period kind of in perpetuity. So yeah, that that's my that's my first uh kind of input on that. >> Okay, commissioners, do you have any other questions? Okay, so at this time
make a motion. Wait. Does anybody want to make When do we We're making a motion on the appeal as to whether or not we will um um I'm making a motion to vote. >> No, I'm not making a motion. >> No, I'm asking for a motion.
>> Is the appeal viable? >> Right. >> How's that sound? >> I'm asking for a motion to vote on whether or not the appeal is viable. >> Yeah. >> If the appeal is viable. In other words, did they sustain this appeal?
>> This is a no. No is a yes. >> Support the appeal. >> Yeah. No means we agree with Tanya, the zoning officer's decision, >> right? Okay. >> This is no yes. >> I will make a motion to determine whether this appeal is viable. Um,
obviously just on the record, yes would mean that you are in favor of the appeal. No would be um voting to uphold the zoning officer's decision. >> Correct. Can I get a second?
>> Second. >> Okay. Um Vice Chair Aruo, >> I knew you were going to ask me that first. >> Sorry. >> I don't know. I I really don't know. Um I can't grasp the whole thing somehow as
far as the zoning. >> I mean, if you want abstain if you want. Yeah, I'm going to abstain because I I don't know. I don't I don't find the whole essence of this appeal. I really don't. It's I mean, it's a coffee shop. It's, you know, something that's for the
neighborhood and I I just don't see the whole relevance of of this whole appeal. I'm sorry. So, I I'm going to abstain because I can't vote either way. >> Commissioner Chiplicky. Well, actually, in light of sort of what you say, it's kind of clear uh to me um
being involved with HDC in the past and with with Tanya and others. Um and what I heard today, this seems to be well beyond the time frame that it it they opened in 2024, as they still are. They added a couple of things. Maybe nothing
seems to be uh worthy of being in front of this board. That should not have gone to some of the city departments or officials if there was an issue with respect to doing things well beyond the scope of how they opened. Uh it's not like they turned it into a steak and
seafood place. Um maybe they added some projects. I don't even know if the oven's even portable. I've seen those in places. So, but um with with the little amount of change and the support from the you know the people that go there, no one said
anything changed any anything dramat in any dramatic fashion and sounds like it actually kept its character and what it does. Um I don't see any reason not to uphold Tanya's um decision and therefore I'm going to vote no.
>> In other words, the appeal is denied. >> Not denied. Not viable. Yes. No. No on the appeal. >> Thank you. Uh, Commissioner Shadid, >> agree with Carl and I vote no. >> Commissioner D'Angelo, >> no.
>> Commissioner Goello, >> no. >> Commissioner Burns, >> no. >> And Chair Coyle, >> no. >> Appeal fails. Uh, six nos, one abstain. >> Thank you.
>> Thank you. on to bigger and better. >> That concludes our agenda for the evening. Um so, but before we do move on to board business, I just want to let everyone know that starting next month, um all zoning board meetings will be
held virtually. >> That's confirmed. >> Excuse me. >> That's confirmed. >> Yes, Tanya confirmed that before. So, our meetings going forward now will be virtual, be held virtually >> until months or something. about 3 months. Well,
>> they're selling us three months, but who knows? Okay. >> At this time. >> Right. Right. Right. Okay. >> The genius is downtown. Oh, Jesus. >> We're on the record. >> No. No. >> Okay. Can we move on to our resolutions?
I believe we have three resolutions that we need to memorialize this evening. That's what I'm saying. That's crazy. So Tanya said she wrote it. No, she said no. It's it doesn't hold.
>> See, I didn't understand what Tanya what Tanya said. >> Okay. >> I don't know. >> I don't know. >> We have three resolutions to memorialize. The first
occurred Uh the hearing occurred on March 5th, 2026. It was case Z 2025- 0082. It was an appeal of administrative officers determination. The appellants
were Joel Are Deborah Laurel and Crystal. Six statement place. There was a vote on a motion to deny the appeal that passed. thereby denying the appeal and affirming
the zoning officer's decision. The vote was six in favor, none opposed. Those in favor were vice chair Royal Commissioners Allen Zlicki Burns Cavello and Dangelo. All in favor of memorializing that >> I.
>> The next two resolutions uh the hearings occurred on April 9th. on April 9th was chair coil, commissioners D'Angelo, Burns, Allan, Baron, and Shad. The first case is Z2026-0021.
The applicant was E. The address is 297. There's an application for an extension that passed. Six in favor, none opposed. All in favor of memorializing that. >> I
>> And the next one, same date, same six commissioners. The case was Z2025-000055. Applicant was Ben Schwitz and Mega Patel. The address was 66 Street.
That was an That was an application for a C variance approval. And again, that pass. Six in favor, none opposed. All in favor of memorializing that. >> And that concludes. >> Okay. And >> I don't think we have any other board
business. Okay. So, I motion to adjourn this meeting. Can I get a second? >> Motion. Second. >> We got a lot of seconds on that one. All in favor of meeting adjourned. I >> meeting to remember that June