of adjustment meeting this meeting is held in accordance with New Jersey sa10 colon 4-12 the open public meetings act I would like to call this meeting to order um Eric Beasley um is shairing the meeting with us tonight and Mr Beasley are there any uh Sunshine announcements that you would like to share with us yes in accordance with the open public meetings act notice has been provided to Bergen records
um LS bito as well as posted with the city clerk okay thank you uh will you please take roll call yes I see commissioner shadid commissioner Burns here um commissioner Allen here commissioner Baron here and vice chair aruo chair Coyle present
okay thank you can we all please stand for the flag salute I ALG 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 Iris can you please Iris please swear in any staff that is present tonight do youwe
thaty yes okay um Eric is there any correspondence that you need to share with us yes item a under old business z20 d43 20101 nework Avenue is requesting to carry to February 27th special meeting with preservation of notice
item number 10 under new business z223 d19 136 Delaware Avenue is requesting to carry to March 6th with preservation of notice finally item 13 under new business Z 2024-25 137 Arlington Avenue is requesting to carry to March 6th with preservation of
notice as well okay thank you um with um so this evening before we begin I'd like to let you know that after 9:30 we will not be starting any new cases um if we are in the middle of a case or halfway through a case we will finish that case but we will not start any cases after 9:30 um it's for security reasons that uh the guard will be leaving at 10:00 and the building will be locked so we need to finish up and um leave the
building as well okay our first case is uh z202 4-31 it's for an appeal um of signage for 2800 John F Kennedy Boulevard you oh you hear me now yes
yes uh good evening Madam chairman my name is Vincent Vero and I'm here on behalf of the applicant I'm advising the board I've been speaking with Mr Beasley um and we're going to be withdrawing this application at this time okay do we need to take a vote on that or anything or no we just say okay thank you okay see you later okay our next case well stay there Mr ver um his planner is not here we're moving planner has not
okay good okay our next case is uh z202 4-23 uh 311 varic Street uh Sarah laer I believe um yes hi good I'm Sarah Lauder I'm the applicant um my architect will be joining us shortly if we'd like to walk through the plans that were already reviewed by the historic preservation committee okay sure
I do Sarah lauder l a w t is in Tom e r so miss fler you mean your architect is not here he should he's on the way he should be here momentarily okay okay so I think let's move so you want to start without him how do do we need him do we not uh I'm not sure uh I filled out all the materials myself but if we need uh him to enter items into the record then he would be happy to that as soon as he gets here sopia what
do you think I don't know anything about this application we need the architect I assume yeah yeah the um so we can't go with um can you sing this louder tap dance no I'd rather move ahead so we could get to do they said
this next case let's go the next case 14 yeah should we do that okay so let let's begin with I'm hoping people are here I don't see Mr Harrington no Chuck's not here yet either Mr Harrington nobody what's going on with these people don't they know when our meeting start I'm sorry D Dirk is in the building my architect so should be well okay I'm so he'll he'll tap dancece for you instead of me if that's okay okay
where is Harington always she's doing it herself Harrington I don't know where he is I know that he's usually here well they pulled one of his hearings so he pulled something so he was at the beginning so I guess he's waiting to the end 311 his was his would have been right here it's pulled so I guess he figured okay
interesting interesting you just need a bar to put stairs on the what is this for rear store stairs okay
okay so again this is case z202 4-23 311 VAR Street okay before you begin Iris let's just put on the record that we do have notices here and affidavit proof of service notice of publication they've all been uploaded on the portal and they've been reviewed and uh we just don't have them to be marked for the record but they're here okay sorry
virtually virtually I do Dirk garlic g a r l i c k thank you we go pick up plug plug any of these I can't help you
we haven't been trained on that side yet that's right I got this under control Mr garlic before you begin we have to forgive my age but I I don't recognize you you've you're an architect in the state of New Jersey I am an architect in theate have you been before I have been the zoning board um two weeks maybe the planning or two weeks ago yeah yesterday sorry yeah or this morning sorry uh but yeah it's some I
mean your license is uh current you license is current prac in jerse practicing in New Jersey for plus or minus 20 years all right great we'll accept your qualifications thank you and
is it uh will it show up some up here or it should automatically how it does that I don't know try different I have this other one plugged in I can try
[Music] judging judging from the audience Miss Lara probably if that's your daughter she probably knows how to do that you know rest of us don't but she probably can do [Laughter] it any Lu did it work work is there something we could do let's try the last one again okay
should everything should be connected before we always waste time with this well so Sophie is there any or Eric can we
work with this yeah I just yeah this one is up
and it will just uh mirror what's on my screen take it yep let's try this one okay
just Chang it
uhhuh uhuh we haven't seen him for a while
so far we're not getting very far I said so far when again again olog yeah this things are painted me you
know what yeah
is something wrong that's we know what stairs look like right yeah this is a pretty easy one we could probably do it without why don't we problem suggestion is why don't we start and um we'll
listen to what you have to say to us we'll use our words all right we give it a sh all right uh again my name is Derk Glick I'm the architect on the project uh we're looking at 311 baric Street Jersey City today um this is kind of the last P piece of a larger restoration project to a brownstone uh single family residence uh we had done an interior renovation we had done a bulkhead we had done uh a rear roof Terrace um uh
previous approvals all through historic the historic preservation office uh including the stair that I'm coming uh before you tonight for uh real there we go uh and what we're really looking for is a variance for the stair as an encroachment into the rear yard we are permitted a 4 foot encroachment uh however based on uh the size and shape of the lot and where the existing roof Paris is we're asking for a variance uh
to encroach uh 10' 3 in ask me how I did that okay so here in the photo uh shows you the um the small rear edition of the basement which was an existing Edition that we had just refurbished and then the restoration of the rear facade including the new historic window windows and um terracing and interior
components uh so as you can see in photo number three uh that there is a precedence um for a stairway into the backyard uh from the roof Terrace um we're just mimicking that same uh point of ESS stare from The Parlor level down to uh grade on sheet a001 we have a proposed site
plan that indicates uh with the area of work that shows the proposed um I'm G zoom in here a little St can we listen can I listen to him I can't at 10 foot let can't read these
11t uh 10 in is the full length of the stair uh 11t 10 in yep is the full length of the stair uh 4T uh is is a permitted encroachment and beyond that
is 5 fo1 of relief that we're asking for this evening to get us down to grade and that I mean in a nutshell is all we're asking for this evening it's really just this stairway uh from an existing roof test down to down to the rear yard which there's a precedence on both sides of the property okay thank you um is there anyone from the public here to speak about this or to question
this no any comments from the Commissioners or questions from the Commissioners good evening I just have one question will will this just be a deck or with Windows or I'm Excuse me a deck just access from the ground with the window stand or will it be a door put in uh there's already um on that rear facade there's a door accessing a roof Terrace that's all been approved under a separate application uh that didn't require coming in front of the board okay uh the only thing that we
need uh essential approval for this evening is for that encro to to build the stair to go from that roof Terrace down to the rear yard okay uh Sophia you have any comments on that yeah so this application already received historic uh preservation commission approval and staff doesn't see any substantial detriment to the public good for granting the variances for not complying with the rear yard encroachment standard the lot is under
sized and if they were to comply with the minimum lot standards the stairs minimum lot size standards the stairs actually would have complied but because the lot is shorter they don't and not only that but the stairs are consistent with the pattern on the block of rear yard stairs existing already so with that staff recommends approval okay thank you um so if there
are no other questions or comments from the Commissioners I'm asking for a vote for a motion to approve um application um z202 4-23 motion to approve second it second okay um commissioner shley can you please take a vote commissioner shadid yes commissioner Burns yes commissioner
Allen yes commissioner Baron yes Vice chair Ru yes chair Cole yes motion carries six in favor none opposed excellent thank you okay thank you good night have fun with your stairs uh Mr verderamo are you ready to proceed okay so at this time we will present case z202 4- 062 uh
3489 Kennedy Boulevard Mr verer do you have your uh notices or they're on the we have them and they've been uploaded to the portal as well okay great so Iris let's put a note in the record that Mr vet's um notices have been approved is affidavit proof of service notice of publication it's all on the P portal so we can't mark it tonight but it is
there great he's just going to hook the computer up okay here we go again that's a hopefully he remembers it from the last time we were here it wasn't that long ago do we we didn't hear anything on this did we on what this application isn't this the one that no that's carried no no was just the
carried the notices that's all you can't ask me a question like that I don't I did this morning I know I see that's coming it's starting to be more what' you do January 9th you kidding no CU I remember looking up the church on oh you saying did we hear anything the bank rather I have no idea but I said but let's go
over here okay the multi-adapter is not here Eric's getting it get such an important piece of and if I speak at any point and I'm not clear just let me know I'm wearing this mask because I'm I'm really quite sick but I didn't want to let the Dayo button for the client so if I'm ever not clear just I'll be happy to rep as long as you're speaking to the mic I
think we'll be able to hear you thank you what' you say huh what apprciate coming yeah well we'll be out for a week after this that's that's why spoke with Eric about it earlier today I said I'm coming but I'm wearing the mask oh here we go we good are we good okay good call our first witness is our architect and um her name is aan
vondal all [Music] righten yes I do aan Wendel a f s h a n last name is v n d a l and name Aon a a v c o n
we ask so miss ven um you're you're a admitted as an architect in the state of New Jersey yes have you testified I don't think you've testified before I haven't testified in Jersey City but I have testified in many towns around it good and they've accepted you as an expert in architecture is that correct thank you so will we do thank you we accept our qualifications M FAL turning your attention into the site plan screen
did you prepare this yes can you for the benefit of the board can you please describe the the site plan and the physical layout that's involved this evening absolutely so basically everything that's existing the existing bu building stays as is uh we were hired to get the existing condition of it and uh uh uh do existing condition plans do some uh calculations for the occupant loads so basically we are we
the main entrance of the building as you can see is towards the uh Kennedy Boulevard and uh we have a big Hall there uh prayer Hall the the rectangle is where the people are going to sit and that there's an existing stage over there that that uh there um any um uh activities for the church are going to take take place there then we have a hallway that leads to the back of there are two two um uh bathrooms
there and there's a back entrance there there is a third entrance that that that takes you towards the um the side of the building and you go through two doors and and and you can exit through the side of the building um the existing U there is no change on in the basement and there's no change um in the on the second floor where where there's a gym uh basement is mostly storage and uh uh let's go you can see all the uh three
sides that we can we could take the photographs of the building it's a beautiful building we're trying not to really touch the exterior of the building at all uh the signage is going to be in the front two windows as you can see the uh little uh if you can just zoom in onto the yeah so right there yes that's right so so yeah so so so the church sign is going to go go on the window in the the right and and the
existing signage is going to be reduced in ins size so that it can meet the code requirement for the window signage uh now the the sign on the left is actually for the second floor use yes that's right for the second floor which which is the gym that's right and the sign to the right is the proposed sign for the church for the church that's correct that's correct other than that no other changes are being made there are no other changes being made and um the existing HVAC is going to stay the
same the existing uh system for removing uh the garbage from the back of the building is going to stay the same and uh all the egresses and exits are going to stay the same that's all I have for this one we'll hold any questions we'll hold out questions until everyone is this is the only expert that you okay we we'll hold out questions till the end not a problem thank you
okay this time I'm I'd like to call the planner Mr height Charles height I know the board's familiar with I do yes Charles he last name is spelled h y DT thank you and Mr Height's been before the board numerous times so we recognize his expertise than um Mr height um from a planning perspective could you kindly describe the project and how it interrelates to the requested relief yes
um so good evening board members it's been a few weeks I've missed a couple meetings I hope everyone's doing well in the new year um was just at the planning board last week's licens is in good standing um I I'll get into uh the relief needed um we are in the rc2 district which is the regional residential commercial District um so it's really Geared for main Corridor mixed use uh type of scenarios um what's
being proposed in terms of the new use introduced the house of worship um is not a listed permitted use um so we are requesting a D1 use variance um houses of worship are generally uh viewed as inherently beneficial uh in the state although they're not specifically listed in the ml so we're kind of in a a little limbo and and why that's important is if you are an inherently beneficial use you would presumably assume the positive criteria
um from a conservative standpoint because they're not directly listed we offer to this board that uh we actually meet what would be the particular suitability standard which is for any use that's not permitted what are the particular aspects that would lend itself to this use so I just wanted to detail a few of those um for the board uh in terms of the characteristics of the lot uh the lot size um we are a 4,000 FT Property we are improved with a
two-story structure uh the structure was previously A Bank building with a bank and offices uh it wasn't the quintessential ground floor retail um that you would really find and are adjacent to this property um what the intent of that uh residential commercial District but um nonetheless it was an existing structure um the location of the property is on a uh what would be a a commercial Corridor so it's very
accessible um it's not necessarily introducing a new uh a church use or non-residential use into a residential zone so there's some benefit in terms of the location of the property um obviously there's Mass Transit bus routes that run along um uh the area along Kennedy and Summit Avenue um which are east and west of of uh this location So within walking distance to there um um the Bank building itself were
modifying the ground floor as we just heard from the Project's architect uh the board's planner did ask us to confirm a number of different issues so uh trash um access uh we did actually go through the signage review process so we understood what would be permitted signage um we did work with the board's planner to understand what would be uh an appropriate revision to not only this proposed signage for this use but also the existing uh commercial use upstairs
um we showed you that those proposed changes um in terms of the neighborhood um I want to be clear houses worship are permitted in residential zones right to the east of this district is the residential district that permits it um quite frankly it's difficult to come upon uh an existing house of worship that's for sh for sale in a residential area let alone for rent or reoccupancy um so a lot of congregations are left
with trying to find existing spaces that they can infill uh to accommodate their congregation so um that's really what we have here um when you study this existing neighborhood along Central Avenue in the Northern Area um you we identified very similar other houses of worship that have done just the same um so I know the board Panner actually on their end um did the same analysis so uh I'll just mention three of them the amoa is Islamic Center um at 3402 3424
Kennedy um St an Roman Catholic Church that's that's a church that's been in existence on on Kennedy um as well as in glacia Presbyterian NOA esenza if I pronounced that right I tried um and that's at 3593 Kennedy so um not necessarily saying that just because other houses of worship exist within this neighborhood but um it's not an outlier and at the end of the day from a land use standpoint it's not
intrusive to the mixture of other uses along Kennedy so um for those reasons lot size existing structure um infi development and consistency NE with the neighborhood I think there's particular suitability for this use that's the positive criteria um with respect to purposes of the land use law that we're advancing um we are certainly guiding appr development through the site plan review process um
and we are also um trying to uh Pro provide for a variety uses that's purpose G um within the the city so um that's the positive criteria uh with respect to the negative criteria we did work with the applicant uh to understand what would be some of the larger impacts uh parking is always uh a very large issue uh in the city especially on major commercial corridors um based on my
understanding and um questions and conversations with the applicant all the congregants are from Jersey City uh and either currently uh live or work or or walk to um where they currently have uh services so uh this is a very uh convenient relocation to have a more formal layout for them um they're not intending to uh grow extensively in the space so there's not a call for a larger
congregation from a greater region it really is just to to provide for that accommodation and a more formal layout for uh for the existing con congregation so for all intensive purposes we don't anticipate a substantial impact uh because of the accessibility of the location um and the overall size of the congregation um I would say that uh this is an Adaptive reuse so it's utilizing existing structure um and with respect
to the intent of the master plan um we are providing flexibility that allows for these uh larger retail or offices to adapt that's a growing land use issue um the commercial use upstairs is uh an adaption from an office to commercial use and now we're adapting that ground floor Bank into uh another use so um I don't believe there's an impairment of the master plan um I know in other instances along
Kennedy along commercial corridors um we don't want to remove commercial retail Frontage uh there's a very healthy rhythm of commercial storefronts just north on this block and this is a Bank building so it never was that walkable commercial storefront um so I think that really kind of completes the review um from a planning standpoint don't know if there's you have an opinion with regard to the intensity of this use as compared
to the intensity of a permitted use in this location uh yes so so predominantly peak hours Sunday mornings um they might have other other prayer Gatherings but the peak will be activity will be on Sundays it's actually very uh a good Synergy of peak hour retail uses along Kennedy um so I do think it's it's compatible um and it's certainly less intense than what could be another commercial use so um that's how I would respond to it and
it's my understanding that the the church actually intends to conduct its services in the evenings during the week do you have an opinion with regard to that yes so those are again I and that's that's U apologies for that on peak hour but um that's off peak hour from most commercials um most commercial but uh the whole point is that it's not impacting a residential like in the middle of the residential district do you anticipate any impact on on the surrounding residential area by this use based on knowledge of the
congregation and its um proximity to to this location no do you have an opinion with regard to the if you just speak and I know you touched on it the particular suitability of this space for this use yeah I think there's another number of factors that I identified um with respect to location existing structure uh the size of the property and the overall character of the neighborhood that would lend itself to an appropriate transition of of the this use to this use um for instance if I if we had to
come before this board and we wanted we wouldn't even be before the if we wanted to make this into a pharmacy we wouldn't even need the approval correct no far Pharmacy is a uh permitted use but is it fair to say that a pharmacy would have a far greater impact on the neighborhood than this will uh a different impact I mean um pharmacies are much needed um but uh they they would have um probably a higher frequency of walk-in and trips um you you pharmacies might have a greater
greater draw of of vehicular transportation to the area but this is a a relatively dense neighborhood in terms of the grand scheme of things so Pharmacy probably would serve the local and maybe a little bit of a regional um Regional uh uh population okay but as far as impact on the neighborhood this would have less of an impact than Say Yeah o overall yes okay that's all I have okay thank you is there anyone else that you're bringing forward as a
witness or Bo would like to hear from the pastor I have him here but I don't know that that's necessary well we're going to have public comment so if that's when the pastor would like to speak um okay um okay thank you um we'll hold out questions to the end we'll have the public is there anyone from the public who would like to come forward and speak okay please come forward please make certain you say your name and spell your name okay um you all when you're speaking you will have three minutes to speak and um Mr um
Ahmed shadid will be the timekeeper he will let you know when you have one minute left all right thank you uh V kadakia VI i v k last name is k a d a k i a please uh 3505 Kennedy Boulevard Jersey City New Jersey I do thank uh we're from a neighboring uh business that's already existing 3505 Kennedy Boulevard uh H&H
Discount Liquors um our only concern with this uh Church going up is that uh um it may be less than 200 feet close to as we're already an existing business we've been in business for U 25 years we've been in ownership and the business has been existing for over 40 years our only concern is that uh this church will not have any issues uh in the future at a time of for sale or renewal and comply with the statue uh 33 33 1-76 so we just want to make sure
that there's no issues with that and they can comply with uh with that going forward in the future that's our only concern jurisdiction yeah we wouldn't have the jurisdiction over that you're worried that in the future 200 ft within that within the churchin the church a violation yeah and I don't want there to be any objections they grandfathered in yeah we're grandfathered in so we just want to make sure that it never comes up as an issue in in the future future when would come as an issue before this board
whether it's the ABC Board is a different story but I don't think it should because just wanted to make sure we're on the record and and you know we're we're covered with that so that was our only concern predate the church so it shouldn't be a problem okay all right and we could just have that on the record right well it is now it is now perfect thank you thank you so much and uh God bless everyone good luck with the church thank you thank is there anyone else from the public who has any comments to make okay um Commissioners do we have any comments or questions I wanted to ask um go
ahead I I just wanted to know why the church was not permitted in in two uh when I seen a lot of worshiping houses in Kennedy bouard I'm sorry can you repeat the question please why isn't a church permitted what I'm reading here yeah rc2 or church is not permitted
why that can be something we study and you know perhaps that could be part of in you know the ordinance change the the next time we get to that um seem like we have to change that ordin yeah yeah actually Kennedy Bard it should be representing the the community in Jersy City okay um thank you all right no my question was uh as far as parking I know that I you were saying that a lot of the
uh people that will go to the church are residents around the neighborhood yes okay so how many people do you anticipate is going to let's say be going I'm only concerned because we've had other uh businesses come in and I think the community always concerned about how many people are going to park and the people that are going to come in and and you be res too I think parking is the biggest issue on everybody's mind I'm wondering about when I get back to my apartment if I'm going to be able to find a parking space I understand yeah it is um in speaking with the pastor
it's it's his it would be his testimony and I can put him up here on the road if you'd like but it would be his testimony that the majority of his parishioners take public transportation walk or ride a bike to their current location so I guess just to follow up on that is that who did that survey to figure out the number who who got there how they're getting there ET because he knows his congregants yeah then how many vehicles are we talking about it would be minimal if any
because most of them is does you guys have a number might be you know maybe minimal is minimal is rather big yeah I know I appreciate that um it's my understanding from speaking with the pastor that almost no one drives there that they all either walk take public transportation or ride a bike okay cuz I know that's that's a big concern with the residents of that neighbor I know we've had other people come in and they're always concerned about the the you know the amount of traffic and not having any parking and people coming in like on Sunday and from
other areas and taking the parking for the residents in that area so that's that I know that's a big concern it would also be his testimony that the primary times of the use would actually be not so much on Sunday when the parking would be difficult because people are staying home and they've got their cars there but rather more like because a lot of the congregants work on the weekends that the the use would primarily more likely be in the evening during the week like Monday Tuesday
Wednesday Thursday so four out of the seven days and only for about 3 to four hours on those days so from like 6 to 10 or 6 to 9 So currently how many congregants are there in this for this church about 60 about 60 and I'm looking at the occupancy it looks like it could o for the church it's about 903 if I'm reading this correctly I I thought it was 79 well if I look down here it's saying occupancy seating area 89 support area
three storage one so all together they have 93 right there so how many people can be upstairs in the gymnasium at any one time that again varies because of the different people that come at various times but and I could speak to the owner but it's my understanding that when the people are upstairs in the gym there's not more than like 10 people up there at any given time working out because it's more of a j Jitsu type gym as opposed to a Planet Fitness or something like that
it's not nearly that same intensity that the major commercial gyms utilize so this is not only going to be a church but it's also going to be a gymnasium or some some place can and that's a permitted use it's a different different tenant oh that's going to be in the same building it's on the second floor it's on the second floor with a separate entrance they they enter from the The Thorn Street side I see and they go upstairs to the second floor and like I said it's um more of a Jiu-Jitsu Judo kind of gym so this is like a rental
besides the church I see okay okay where is your existing church now right now it's only 40 congregants I misspoke but where's the location it's right on the Boulevard by 25 school you know where Nicholas kernus school is up on the boulevard oh okay so it's a couple blocks away yeah mhm mhm you're using a flex space at 3000
Kennedy so just down the block in in a flexible space Oh that's where they're holding Services now and whatever they're doing okay so I have a question when um we were looking at some of the plans they were saying that one of the windows on the front was going to have some signage both windows one was for something one for the other do we have any photos of that signage that we would know what it looks like yes he'll put that right up for you now the one in in the plan review DES in the plan review process we
we discovered that the current existing sign to the left which is actually the sign for the upstairs gym is the incorrect size so that's going to be reduced to make it compliant and then zoom in on the one on the right and then that is is the sign for the church somebody need help out there maybe yeah sounds pretty terrible yeah so this is the signage we're
talking about you're going to bring it into compliance required okay um I guess I'm still going back to the number of people getting there other than driving um it's approximately 45 that come now yeah but I mean I don't have anything in front of me that shows me how they're getting there that they're saying it's not going to interfere with parking in that neighborhood I'll be happy to put the on under oath the the pastor I I think I'd like to see this survey that was done more than just another person telling me that
well documentary proof of that I don't have for you I I don't I candidly um that would be his testimony and as the pastor of the church he knows his congregant and I'm representing to you that based on every my interviews with him that that is in fact what he has told me that that would be how they get there that's how they're getting there now that's their pattern in practice and there's no reason to expect that it would
change especially given the fact that it's just down the road where they're currently utilizing in a flex space situation so nothing is going to change that would impact your question yeah but even if they were at a separate location it doesn't mean there aren't Vehicles going to this other location I I understand and and as I said I'm happy to put him on oath and he'll testify that most of the people either walk there ride a bike or take the bus all right bring him up in the flex Bas did they need a variance to go
into the flex bace and use I I think it's just they rent out to anybody just to let them use space really yeah oh what what is this building they're using now what was it or what is it is it an empty Hall um this Kennedy Boulevard what's the number Kennedy 3,000 Kennedy is is this is this um symbol for the people that are going to use it the use
the upstairs no ma'am that's that's the symbol for the church the Sim the the other go to the other side Ted oh I see that's the sign for the upstairs and that's going to be reduced to make it compliant I see because right now it's taking up the whole window and it shouldn't I see okay all right ask minute before we
continue where did Vinnie go why is I know where did he go property I no idea I guess okay
testify it's right next to St John's Church yeah I'm S I hate to be yeah they okay let's yeah let's bring the
pastor let's see what he says uh Mr Vero uh we'd like to have the pastor come up and sworn uh and the planner just checked on the current space it's in the St John's District it's not actually in this Zone yes we noticed what the heck well now what is somebody trying to get okay I'm going to call it the pastor then please and we have a a translator as
well for him because he only speaks Spanish you'll understand oh I will okay that's what I was saying because this is Evangelistic this is Pastor Domingo B and Mr Eddie Cortez is going to translate for him this man looks familiar to me truth the truth yes your full name please Eddie Cotto c o t o c t o yes
ma'am is your first name Edward or it's actually Eddie yeah yeah ask do you you willimon that's what it what I was saying this this he's a he's a witness right so he doesn't have a time limit okay okay um Pastor B could you describe
um the number of congregants that you have currently in your church 40 to 45 members 40 45 and how um you you've heard the testimony previously that you had told us that most of your congregants get there by either walking or taking public
transportation or riding a bicycle how do you know this yeah said most Cong do you got speak sorry uh the congr do not have uh most of them don't have their own vehicles and they all usually use Uber or bicycles or scooters to come to church okay have you personally observed
this yes yes now the space that you're currently using um that's down the block on Kennedy Boulevard yes in [Music] yes why is it why is it that you want to move from that location into this location
because it'll be closer to the members homes and where they live and a little bit more comfortable okay so it's your testimony then the majority of your current members actually live closer to the to the proposed location than the existing location
so yes it's going to be closer for them to to to get to okay so if it's closer for them it'd be easier for them to get there without utilizing a car she has much F she has much so they're buy now you conduct your your that's a good question Services during the week in the evening are they buying this so the idea is Monday through Thursday early evening
expensive okay are you guys hearing this we are thank you um okay has he answered all your questions I think so do you have any other yes he's answered the questions thank you no my only question is does the pastor himself drive a scooter he has a scoter oh he has okay okay yeah I know that yeah all right um have you purchased this building is do you purchase this
did you purchase this building or building here of the owner okay great okay okay so oh okay okay um can we hear from the staff um so this is just going to be a lease probably yeah okay first staff would um does accept the testimony provided by the applicants professionals um staff does doesn't believe that this this project is a detriment to the public and actually
believes it enhances um it enhances the community um I do want to touch on the parking um the parking issue here so adaptive reuse uh doesn't require parking and also rc2 um specifically stated in rc2 of the Land Development ordinance um for Lots less than 50 ft of width parking is not required or permitted and since this is a corner lot
we would have to go off the Lesser width um of this lot um which is basically Kennedy Boulevard and the width of that um that that portion is 40 ft so I understand parking is a touchy subject but unfortunately there's really nothing to stand on when it comes to parking um this this site is it's a budding the R1 District where churches or house of
worship is a permitted use um so rc2 and R1 being next to each other um it really kind of marries the the concept of you know creating a neighborhood center and bringing people in um uh the as as you as you heard from the applicants the character of the building is not changing they they are merely just performing interior work and the only thing that they're really going to change is the signage um which is we we
saw the signage is it's quite small it will comply with what is required in the rc2 district um staff staff recommends approval um provided that the applicant agree to the conditions enumerated in the staff memo right do you do you agree to okay um any other comments or questions from the commission okay um I am asking for a motion um to
um approve with conditions z202 4- 0062 can I get a motion to approve can I get a second I'm sorry second with conditions with condition conditions okay sorry okay um Mr Beasley can you please take commissioner shadid yes the reason for that uh there is an Islamic Center at City 424 just
block away from there and I I have to go yes and also uh I've been in the board for many many years and this is the first time as much as far as I remember uh to approve a church or a place to be a church and I cannot go against that so I really approve itend it and the best of wishes for all and for the community thank you commissioner Burns yes commissioner Allen um I'm a yes and
maybe the owner and the pastor can get together and put some bike racks out front since most of the congregation would have you know be riding bikes in the pastor to protected scooter thank you commissioner Allen we actually discussed that and and that's a great idea and it will be done yeah commissioner Baron approve Vice chair ruho approve chair Coy
yes motion carries six in favor none opposed thank you very much and have a lovely evening good luck good luck thank you okay our next case is um z202 4 uh I um do you need a break or anything right now you're okay uh Z z202 4- 6517 7 Wilkinson Avenue Mr Harrington oh
that's wow all these people all these people came MH oh wow
yeah number 14 what time is it right here see that's why I'm left-handed we okay that but left-handed people are more ambidextrous than right-handed people because we've had to learn to compensate what she said she's been
oh you have what you need I I can only move my MTH we talked to him week we Haven so I write with this will have to not everybody can do that you can put that okay what are we doing which one call this my husband
are we doing what okay we're doing 14 we're doing we're doing 14 okay 14 okay um thank you sorry I would didn't realize we were moving that quickly we are we're on the ball we're on the ball you weren't here when I said we have to the after 9:30 I will not hear any cases because there's no security something went into effect where security be out by 10 and lock the
building so we have to by 9:30 oh so that makes more scarier with no screening that was yeah but uh so yeah forur the record Charles Harrington of conell Foley on behalf of the applicant um there is a um a notice uh notices were sent out uh so I'll provide those to council yeah I we've seen them on the portal so why don't you uh give them to Iris and let mark them as a
one right thank you okay so the application you have before you and and the next one are very similar right so these um I think uh kind of looking at these in in um it's a little unique uh um that you you don't see these before this board often because both of these
applications are what we commonly call over-the-counter uh permits um they're two two they're two family homes so when my applicant my applicant my client uh applied to build these this two family home he didn't have to come to a planning board or a zoning board because we didn't trigger a site plan review because we're less than 5,000 square fet and at the time of the application uh it was thought it was understood that there that no variances were required right so
you go to the build the zoning office they sign off on it then you go to the building department they sign off on it that's what happened in this situation and then he he went and he built it now what happens um is you're you know when you have an over the-counter uh permit uh it's like the you know the the person that builds a two family home down the street uh there there's a little flexibility on on the design because you're not subject to the to the board
so you know historically field changes or sometimes mes so long as long as they are compliant with the the zoning regulations um so what happened here is you'll see it's it's a modern design uh it was always a modern design when they initially applied for the building permits back in 2023 I think it was October 2023 um what they did do is is they they moved some materials around and changed the look a little bit um I mean it looks
you'll see during the presentation it's it's pretty much the same design just different materials the big thing or or or the major uh change is the stairs um they did have stairs that that um went I think it went down and kind of like an L I think it was and and during construction uh they made the decision that that it worked better to take the stairs out straight um which was you'll see you know during the presentation that's consistent with other houses on
on the respective streets and but what happened is when they after they built it and they went to get to request a co uh the zoning office which is very diligent looked at the plans that were originally submitted and and what was built and say well this is different the stairs weren't supposed to be this way and by the way your stairs are are into the uh over the permitted encroachment in the front yard in this
this instance and then the next one uh it's actually over the the lot line which is I'll explain that at the the next one but it it's uh so we we need we need a variance for the encroachment um into that front yard uh for the stairs um we've also made some some other changes um at the request of of the planning staff uh to to um you know hopefully make it a better project we added some Landscaping in in areas um I
believe when you see you see the uh the projects they're they're very nice nice projects um the request for the variants we do have a planner here Mr height uh to address it but we're not asking for any additional square footage um you know the building's not getting bigger it's really about the stairs and and about the design um uh before you tonight and there is a there is a variance for the the garage you you'll you'll hear about that it's a almost
it's very it's almost meets the criter it's just slightly slightly smaller uh and you can actually have two family homes without parking but we do have parking and but we don't meet the the bulk um uh requirements for the parking garage so you'll hear that so you that's where they are they are they are you know um I'll refer to both there are construct uh this is an issue that that came up during the the co um should they have
gone back and and asked um or Revis their plans before they put the stairs in yes um but that has been picked up and as I said we we believe it it's still consistent with what what is on the respective streets and it's not changing the project by making it bigger or gaining anything it's really aesthetically it looks better I would uh also like to mention here that this was actually approved under older versions of the ordinance so
as we all know in November 2024 the ordinance has been updated but this was before then so that is why you see for example that variance with the garage it doesn't exist now but it did exist before so that's why we're looking to those older ordinances thank you but Sophia let me ask you the question um the the staircase was
different in the plans and probably according to the old ordinance at the time yeah so everything called out was what wasn't built according to those or old ordinances so the stairs still are a variance the parking Dimensions will be a variance and the design of the building design of the building or the garages the design of the building okay yeah and
I know the design of the building is um what you'll see tonight again it's really more of a change of materials that that was approved initially when they went to the zoning office and and it went through the process that hasn't changed we haven't changed it from like a mo a a historical looking building to a modern building it was always you you'll see during the presentation so so I have our architect Jen poo is is uh we walk you through
this I do Jennifer poo p a l r m o it Miss poal has appeared before this board and the planning board numerous times yeah we accept her qualific thank you and your license is current yes it is thank you so where shall we start well well let's uh I think we could jump into you know the you want just go to the plans yeah let's go to
the plans we I think we know the variances okay so um on top you can see uh we have the original approved uh plan the second dra uh plan down in the middle is uh what was built um and then at the bottom is uh what we have um at staff's Direction and modified to try to bring it more in compliance with uh what's required by zonic so um the stair can
can everybody see that or is it too small okay so the stair is in question is here and this is the original location of the stair and you can see that it was coming out I believe I can't see that because I'm also blind big there we go grab this in here sure
thanks so it's 3 foot 10 um from the face of the building um and then it increases uh rather significantly to 11 foot two you can see right here and then uh the original plan showed uh
lawn in the backyard uh and a small uh patio area and uh what was built was a large patio area you can see here and then um we went back and uh made the patio area smaller we're creating more grass area and Landscaping in the back correct is this already built this
has already been built so you're coming to us now for a variance after you finish the project there only a variance for the for for the stairs that's yeah that's the what I was trying to explain is that right this became they weren't aware that this was a variance for the stairs until they went for the co and then it got reviewed and said well yeah you changed the stairs but you've now created a variant situation with that change they and then
that we were directed to come to the board to ask for that that's that's the issue because it wasn't when they when they made it they they weren't aware that they were creating a variance do you have a design already that we can see like the the the the building already oh yeah yeah we don't don't we have that here we have the drawings mhm I think you the picture photo I want to see how the building looks like already yeah we have U Mr height has them on on
his do you have Mr height can show that during his presentation because he has a different computer but this is a a photo oh
okay oh so they came out okay oh so it's already done so yeah all right we don't have to where shall we go next uh what's our next Upper Floor Plan yeah we don't need to go to Upper floors to really the well he's saying he built
it yeah that's it so here we have um we have the uh elevations that were originally submitted on the left and um the elevations as it was built on the right
so it doesn't it's that was uh as I was saying earlier there when when you don't have to come to a board um you have the flexibility to to change it and you're not you but you do submit plans and you do you do show show that and they expect the zoning officer expects that you come back and and build according to that plan that being said what you see on the right which is what was built there's
there's nothing that would prohibit that from being built as well there's no materials um on that or um that that would initially be you know uh prohibited um there's you know design issues that that planning the planning staff brought up but the design on the left was what was approved on the initial permit and some aesthetic changes were made on on the right one that's what was was built am
I yes yes I don't think the re the rear elevation didn't change right the rear is the same and the side is we actually added more windows to the side you can see here from the original which is up
top stair and you can see how the stairs extend out at the bottom from where they are at the top and that's that's the Crux of it and I think that's a good elevation or cross-section to show you how the stairs were coming out and then they they decided to bring them out further uh and they weren't aware at the time that that creates a a variant situation Within These these encroachments um and that's
that's what we're primarily while we're here tonight when they were building them according to the plans they originally put in before they had to come for a variance is it because when it came down like an L was it blocking the entrance to the driveway to the garage or something did they realized that or something I think the original was it was still a stret there yeah I think I misspoke I I'm I'm sorry about that they just pulled the stair further out so I can get
there so you can see here where the stairs ended is here and then you if you see here they end further out towards the front of the building and so it's the same length St it's just been pulled to the front of the building so so why did they change the design then why did they change the the
materials and the design the design the stairs why did they let me let me ask why did they pull the stairs out I thought it looked nice they were approved excuse me I I I I didn't get your name I I was how you doing Jennifer I just have a question as a contractor that I am right you were the original architect uh my company was here okay so the GC didn't call you to discuss the changes or they just said hey we gonna do this and let the chips fall where they
may no they advise it's it's consistent I did I didn't hear that response can you say yeah can you speak it to the mic we did not hear you I was I was making it funny um resp it it was um I mean contractors don't always ask Architects to make changes in the field okay and what what I was advised is that
the the stairs the idea was to match the the prevailing um stairs on the street that they come out like that and that's where Mr height has some photos he'll he'll show show you that during the presentation okay they screw themselves well yeah eight yeah you're trying to make them look like the the rest of the block and and
nobody's G to trip over Contin yeah I think we'll we'll move to Mr height because he's he's got the good photos um yes thank you um good evening again board members uh so just a couple things for housekeeping I think um I could
probably speak for Mr Harrington and uh firm Aon Foley and and my firm drar Robin who do a lot of work in the city there's never ever a time where we have a conversation and we suggest the good idea is to make extensive field B field work changes and field changes um in fact I think every conversation we've had um with all current clients that we we have is is don't do that these boards uh and the building department approve plans and there's a certain level of
requirement to fill those plans um so that happens unfortunately often and I think most situations um and again I'm not speaking for Mr Arrington but most of the times we're involved with applications that's that's quite the contrary of why we want to be here so um first and foremost we always reiterate that any design changes facade materials or things like that need to come back to these these boards um secondly um having practice for the last 15 years what we
do as professionals are are read plans we take a survey uh we take an engineering plan an architecture plan and we make sure all of those details are aligned in plan and paper so that when you do go to construction there's no second guessing those decisions um it's difficult sometimes it's difficult to take a survey marry where a staircase might fall and more often than not we're designing on
computers um what's helpful in hindsight is when you go into the field and I'll have the exhibit is you see some of the characteristics of what might have been constructed and how it compares to the others and um when we did that um probably like the contractor did is he was constructing staircases and and said oh my goodness look at all these other staircases why don't we have some design
that's consistent with what's going on around us not knowing where the survey is not knowing what the design plans it was just an infield decision so again no I cannot and I'm not speaking for the contractor but through my process of getting to know these plans what's in the field and understanding what the context was I can see how um again the staircase issue uh was dealt with the patio the extensive patio coverage that's been remediated that'll be in
Conformity um and uh I'll get into the little bit of the zoning so with respect to um 177 Wilkinson um we are requesting relief uh three specific types of relief um one being encroachment into the front yard uh it's not an R1 standard so if you look at your R1 zoning it's not there it's actually in the supplemental section so um Jersey city has a very sophistic ated section uh uh standard of zoning there's multiple sections um I'm aware of the supplemental section
usually we go to there for Building height exemption issues front yard encroachments for staircases is within that section um when you for the board's benefit um the standard is uncovered steps May project not more than 4 feet into any required front or rear yard area that's the requirement um because we are encroaching more than 4 feet um up to the the um the property line um but because we are encroaching that's
the variance needed um with respect to the uh minimum garage Dimensions as was mentioned this is a time of application from the prior zoning um the prior R1 zoning had uh required tandem spaces where there's two parking spaces one after the other um 13 ft wide 44 ft deep U that that was the requirement and the last one that I think the board's um planner had called out is with respect
to design standards and the recommendation for construction and facade design to be within scale orientation and style consistent with adjacent development so um I'm recognizing that's a component of the old standards again this is the the old standards um a lot of development is Transitional development by Nature doesn't happen every day it's over the course of years um so you know I'll I'll reference that but with respect to the
front yard encroachment um the stairs do indeed as as the project architect said do extend 11 feet 7 in um from the facade of the building which is essentially the front yard um uh for 17 uh Wilkinson a couple things um one in terms of and I'm going to switch switch over to my computer um thank you sge
um for 17 Wilkinson um I think the some of the actually I have give me one moment sorry
okay um so we did do uh a recent site visit these were taking yesterday um you can see the construction of the property along Wilkinson from different angles um it it is in construction and we here we are here asking for release uh this is the particular staircase that was constructed um you can kind of see the overall improvements and and quite
frankly the staircase is actually not just exposed brick but it's in concert with the overall um theme of the building so that's that's an aesthetic um consideration um we did take a photo of the the streetcape and um this is one of those difficult things um no one knows where your property line ends um surveyors do go in the field and they stake it out during construction I'm not
certain if that happened with this application um this proposed staircase is within the property lines um obviously it doesn't extend into the sidewalk um but what you can see here on the next sheet so we'll be submitting this um to the board as an exhibit but want for the record why don't we Mark that is A2 this slide deck okay um I will mark it um it's two sheets okay so um so you can see here for some
of the adjacent photos the staircases um doing very similar uh this curb line or not curb line but the brake in the the curb is the sidewalk so a lot of these staircases adjacent are projecting um within 1 to two feet of of the sidewalk uh both along our side of the property um this is 173 will in on the left um as well as on the other side of other side of the street so
um these two photos are just representative of some of the other facades in the neighborhood most of the homes here have been constructed uh several decades ago um older materials older design themes um with respect to uh the design requirements for scale orientation we are permitted Building height number of stories for uh the zone so in terms of massing we are the orientation of a of a little bit
of a of a projected um upper stories is different um but I don't think it's not permitted uh in terms of uh what the overall variety is for the neighborhood so um I think those were the important parts that I could add to um to this presentation tonight it's never easy to come back to the board when things are constructed into the field um but uh I would say that with
respect to the relief needed um that parking Dimension is actually only short um by 1 and 1/2 ft approximately so uh it's not a far off Dimension 40 ft 44 FTS required um and let me confirm the uh the depth of it um yeah it's it's uh only shy by 1 1 5 in so it's still that 42 ft 7 in still provides sufficient depth for the vehicles to be parked um off the street
in in the garage um I don't believe that in totality these variances amount to any sort of substantial detriment um so we still are residential use in a residential Zone um I often provide this board and and the planning board the fact that a modern building might feel different now but it is an investment for a longterm Horizon um it's a new structure in the neighborhood and over time as other properties are renovated upgraded or um completely uh new
construction um they tend to have an injection of more modern architecture so um it's subjective I know I'll leave the board to kind of weigh in on that but I do think there's a little bit of a variety on the street we're not in a historic district um so I don't think from a design standpoint there's any substantial um impairment of the master plan or or Zone plan um and with respect to um any detriment to the public
welfare um I think the bit greatest detriment would probably be the conception that you can have a contractor change things extensively in the field which is not the case um I don't believe there's any physical impact of the staircase on the public welfare um so I don't think there's any in uh detriment there but um I think most importantly it's it's these sorts of changes need to come back to the board but um that's my direct testimony
um I think we do Advance the ml for what it's worth after the fact but um that's all I have to say thank you any any questions for for Mr height um we'll we'll we'll all have questions I'm sure in a minute but is there anyone from the public here to uh make any comments about this or to address this okay if not I'll close that out and uh Commission you have questions I have comments and comments oh I got a lot of comments I I do too okay so so F first
of all I'm looking at the plans Not only was the stairs changed the framing was changed the kitchen size was changed the deck was changed and the size of the garage was changed so I I believe this is more than just the stairs being extended out because if you look at uh the the approved first approved original first floor compared to what was built um excuse me yeah if you look at those two the
stove is in a different place you now you have a a U-shaped kitchen opposed to a count I mean a Isen um the doors in a different place the stairs are shorter the second floor um same thing kitchen changed doors moved third Flor the roof deck it looks like is a couple of feet bigger from what was supposed to be built so there was a lot of changes not
just the changes to the stairs um well the interior changes you can make you can move things around it's not a it's not a site even like on on board approvals they you have a a site plan it's it's all about the exterior and the site plan yeah I get that but it seems like the stairs will move forward to make everything else bigger inside well I I don't I don't think from looking at I don't think you you picked up any any livable area there it
really what I'm looking at it I don't I don't see that they may not have picked up any livable area but I think what um commissioner is saying is that the stairs are moved forward so that they can put in what they had planned or something and they didn't maybe lay it out correctly when they first submitted their plans but again you know I think the interior you can change yeah no no that's understand that we we understand that but it seemed like it was a it was
you know I'll call it a mistake and that's what we'll use it as it seemed like it was a mistake that happened to benefit the interior so I mean again you know as as a professional he the contractor should have said hey let's talk to the architect about this I mean and yeah and I I don't disagree with you and as as Charles said we're we hate being before the boards on on these applications trust me you know I have I have a letter
that goes out in big bold letters as to don't change anything without talking to me or to planning or or anyone else but and you're probably right they're probably some of the GC said well this this is this is easier for me this is going to be better I I don't disagree that that was probably the thought process but um I think you're you're look you're still looking at the the building that's substantially the same well yes yeah no no I'm I'm not I'm not
you know saying they did it on purpose by by any means I'm just saying it seems like the mistake led to the obvious a little more living space that's all right and do you have a comment other Commissioners do you have a comment well do you just make changes in the field don't you have to go back to the architect to have them adjust the plans is Jen J Miss palmo said that doesn't always happen it depends on who you know who's who's building out there
uh I mean I my my problem too tonight is that you know if we say yes to this anybody else can go ahead and say oh I made a mistake and come back in and start asking us for variances after the fact um I believe we had somebody in here couple maybe a couple of months ago and we told we wouldn't do it we wouldn't approve it because they had already built it and did everything and then decide to come back and that's a chance that you you know for people to
think that they could do this and then we're going to prove it so that they can continue I I don't think that's a a great plan here's my my my comments on that because I I know you know over the years I've had that that situation we you know I've been up before this board and the planning board in in situations where where things weren't Wen uh built correctly but I think what the board because you I don't think it sets precedent I think you look at this as if we were here initially and we we asked
for this relief um would would it be justified I think Mr Height's testimony and and what he showed I think that that testimony justifies the variance that's being requested I think it's got to be kind of put yourself back a year and a half from now and if if my client had come to to you and said you know this is a stair we want to extend it Beyond it's consistent with the other houses along the street is that justified as a sea
variant it's a it's not a hardship it's a benefits outweigh the detriments uh here and it's consistent with the streetcape I think that's that's the appropriate way to look at it it doesn't it doesn't mean anybody builds something they can come here and it's a rubber stamp it's uh uh just because I built it does not mean I have rights to it um we we have to come here and justify it but I think that's the way you need to look at it I don't think we even let the other people present theirs when we saw that they had built the property they
made substantial changes right so so did these people 11 feet 7 Ines is a substantial change oh on the overall building I don't think it's that substantial especially if it fits in with the rest of the neighborhood which is what has been presented I think if they had come to us even with the design we probably would have started to ask because to give a variance you start to you have to you want to build something that looks something like what's in the neighborhood this doesn't look like anything in that neighborhood and I know what you said before and things like
that so I'm not so sure if they had come to us at the beginning we would have said okay to all of it but it's not about the design of the building it's only about the stairs I get it but and also no no no no Peter you're wrong it's it is about the design it's about the encroachment it's about the parking stall dimensions and the design of the building that's what's in this so so Madam chair there there are several buildings on werson that's that's that has been built that is similar design I I can't testify that let's hear from um
okay right let's hear from the staff okay staff okay [Music] um I'm going to clarify maybe the um zoning review application process which was called earlier an overthe counter process I actually do these alongside my work with City Planning and so what happens is when a project under a
certain size comes in and they're not asking for any variances you review them within 10 business days we sometimes deny give comments on how they can comply with our standards they come back with these changes and once we deem everything appropriate and that complies with standards we give them approvals there are cases where when doing the construction of the
building and infield work things change however we require that the professionals come back to the division of zoning and they bring back these changes to us before they're constructed so that we can review and make sure that these changes still comply with our standards and this is a process that has been well known throughout the city and is communicated with applicants
so clearly in this case it didn't happen but the reviewers that are Behind These reviews that approve these plans work really hard to make sure that everything complies throughout multiple different sections of the zoning ordinance and we're very diligent about that and that's the process I will not say any further comments as I did work with the applicants
to come in make it very clear what they did do and what their proposing to do to rectify some of the issues that they created but it is what it is there will be three variances and um I leave it up to your best judgment if you approve or deny but you had made it clear to them to come back to you if there were any
changes to the plans that were already approved it's a it's it's what the division of zoning General it's a practice the division of zoning that was my question just if these people not if yes that's what I said so so basically the contractor should have known to come back and get the approvals before he proceeded with constructing yes right if they're a professional who knows how to do their job then they would know that it would have been best
to stop construction come back to us to make sure that the changes would still comply with the standards and then they would be able to continue construction if we approve this is the second time in 3 months we had some a case like this come back and the next one is going to be the same thing really yes so what what do you do with contractors that don't comply with this what is what is the punishment punishment to these guys for not doing
their job or how do they Rectify how do you rectify the situation well if I could add I want to hear from the planner yes so it's on a case-by casee basis in some cases changes are changes do occur and we don't have approval for those changes but but they still comply with the standards so they're okay they can get a certificate of occupancy and
live in the building there are some cases where the changes we don't agree with and we actually request them to make those changes after the fact of construction but they're able to make the changes no variances are found and so the project will also be able to be granted a CO in this case they weren't able to make the changes to the variances that they built
and so that is why they have had to come to the board to ask for these variances and part I think I think the board is asking you is there something in in the in the planning department where now you now you know what happened here is there any anything that happens to this contractor is he kind of blacklisted or is something go out to him to say hey look what you did you're
causing this owner a major headache probably a major lawsuit if if this is no we can't hold contractors accountable unfortunately they're not the type of professionals that we can report we we have explored options cuz this does happen a little more than we would like in the city but unfortunately we can't hold them accountable don't they have a license no no Architects do have a
license but contract contractors do not what happens to to the to the owner too in this instance is they're they're they're stuck in limbo and and that that that is it's a it's a real problem this was a situation since October I I believe October or November now here we are you know in uh in February so you can't get a t you can't get a TCO or a CO so there you somebody's carrying this
building it's you you got to carry so it's not it's not I gu unarmed right so my question is you own the property I know if I own the property and I've had places built for me I'm there continually looking at what's going on and I question what is happening so what you're saying to me is that these individuals who were having the property built and working with the contractor didn't question when they saw changes taking place did they request the changes exactly I I don't know I know I know in the past you know over the years that
I've been doing this i' I've had people come to me and or call me in instances and say you know we want to do this um and I said well you can't do that and well my GC said it was okay we can do it and I like well I'm telling you you can't but that doesn't always happen they're not always calling my office or Mr Heights office to ask that so he may you know made it been ni he don't worry about it it's just stairs we're good
okay but again I I really think you look at it is I would hope you look at is if we were here beforehand I mean we're we're falling on a sword I see we royally but if you looked at it if it was here before they did this um I think it's Justified uh the variances I I I more than likely yes but you know they didn't follow the protocol that's the the issue and it's becoming more and more prevalent and and I think this is there's a flaw here in the system where these guys should be held
accountable whoever the parties are whether it's the owner or the contractor you know or the architect for that you know everybody should be in compliance here yeah I I don't disagree I mean I I it's not relevant here tonight but last week I got a call from somebody who had made changes and Chuck we need your help want to go to the for the board I I heard I heard the changes I said no thank you not not going there and you know I you're a seasoned guy you know I mean
really so um if you don't want to do it then nobody's going to do it you I I know the history of that person I'm not trying to link these two but we have the second one which is similar yes and it's the same people it's the same yeah and they did the same so they did the same thing the next it's for um 16 Dwight Street and it's the same thing front yard and crouchman and the design of the building have they had other problems other the previous jobs in the city not that I'm aware of I I don't know all right we need to take a vote
then I guess at this point does anybody else have any other questions or comments that they would like to make okay so um without any additional questions I'm asking for a motion to a motion uh just make a motion for 177 Wilkinson Avenue uh can I get a motion m Madam chair i' like to make a I'd like to make a motion to approve KZ 2024
d65 as presented to the board this evening can I get a second okay second commissioner shadid can we make a recommendation to the to zoning board or zoning department to watch for these things and have some kind of punishment for it we try because we don't want to be in that spot I'm going to tell you I Googled the the the the house and I seen it it's a great addition to the entire Block it's it's a
beautiful piece of art and it's very the design I like myself and I I don't see that the violated the they they they violated the system but they didn't violate any like taking any extra room or make it a little bit bigger the house is a little bit bigger there is other issues that can be really uh clear that she said no we cannot do that but in a case like this I think that my opinion
they come here for a violence that mean it's our right to say yes or no yes right so so it's a matter of of seeing it the the issue from different point and as I said um the design comparing to the rest of the block is something it's a good addition mhm uh that should be in the record of the owner and the record of the contractor that the maybe a message from the zoning department that
they don't do this or they going to be stopped we continuously do this yeah we continuously communicate we make it very clear it's on our website we have sent emails to regular applicants and and also there's going to be a message to to the lawyer to the engineer to the BL I mean to everybody and then the owner too they be careful because it's not going to happen again
yeah why am I vote anyway yes I'm Sor maybe I'm um for what it's for what it's worth and I apologize for interrupting the vote but with Sophia and Eric doing the reviews the word is around that if you make changes you're in trouble and I know they've been doing it last year year and a half uh so it's it's the word is out there okay commissioner shid for clarification
you vote Yes my vote is yes okay commissioner Burns well it's a situation that can't be rectified very easily you know but I don't like this I mean I'll vote Yes but I don't like this this stuff going on and I think the construction Department should s find a way to find these people when they deviate from the plans honestly we actually that's the whole process of zoning is that we give them the plans
approved by us and they go straight to construction code so construction code also sees the same approved plans it's really in the field and at the discretion of the applicant the developer The Constructor to make these decisions and they are the ones that have to come back and take accountability for it so maybe that's the flaw in what we're doing maybe in this application we should have the contractor here say why'
you do this yeah you should know gu you're putting you're putting those people that that owner in a in a bad position you know I don't want to put him in a bad position we didn't put him in a bad position you didn't put him in a bad position but they put us in a bad position they putting us in a bad position which is you know you not right maybe that's what we should do well maybe next time we have an application like this we want the contractor here all right let's continue the vote sorry all right commissioner
Allen no no commissioner Baron yes Vice chair ruho yes and chair Coyle my vote's no I don't I mean yes it's a beautiful structure I have to agree with you but we need to draw the line somewhere and to many people like you said is coming forward with these
applications and asking for variance after the fact um I think it's ridiculous and now we have a second one coming from the same people and what are we going to do say Yes again and here we are and I'm telling you you might say that the word has gone out not to change the plans but obviously it hasn't gone now far enough of people coming back to us anymore that's crazy so my vote is definitely a no motion carries four in favor to oppos correct yes okay okay thank
you he does the other the next okay we now have case z202 4- 0066 16 Dwight street again front yard stair encroachment and the design of the building and uh for the record Charles Harrington of K Foley on be applicant really go ahead go ahead we uh I'll get the notices um marked as
A1 so as we just discussed at length um this is uh similar to the to the application we just heard uh unfortunately um we are asking for you know the same same relief um this one's um somewhat
different in that it's it encroaches um over the property line um and then you'll see that you'll see that the whole street does that that's that's why um we have photos to show that okay so um you'll you'll see that that's why it's consistent it would look odd quite honestly if it if it didn't but with that I I bring Jen up [Applause] [Music] the properties there's another
one okay yeah yes yes I agreed I just sorry about that the stairs look at the same same this is the
same they not be looking property honestly they're they shouldn't do it no they shouldn't do it that's the same thing yeah I mean it's they look like they're almost at the same within inches of each other you know too bad we don't have the power we'd make a lot of money at least tonight
vacation fny my battery's going to
well this a waste of time should have been done ahead of time
we good oh I don't doesn't matter go ahead you ready yes you're still under Ro yes we still recognize your excellent It's still in in effect my license go which way this this one for what it's worth that the the change is smaller in the stair you'll see see how many feet this time Hart what' we do huh let's see before and after right yeah that's
the ground floor the next the next sheet when we get to it we'll show you just go to the next floor all right and uh Jen is is qualified again yes we we already I notic this is upsetting I guess they didn't come back to talk to you again huh no so miss poo is is there a way
that this stair could be changed now to obate some some members of the board being upset here is there a way that it can angle a different way or is it going to interfere with the garage or what's it going to do or is it not possible now that the thing is built or in other words could the stairs be changed back to what was the approved design from the beginning eily I
mean well how about this Miss poo what's the difference between this application and the one that we just heard um because I don't like to be inconsistent not not much so I we're not asking for uh the parking space variation no I'm talking about the St stair just the stair you'll see if
you go to the if you could go to the next sheet you'll see the difference up up top and Below it's it's probably I it looks to me by eyeballing it you know about three three steps yeah it looks like it's three ft okay so the only thing we're going to prove is Step the steps yeah okay it is also in the public
RightWay oh so after this they are going to have to by how much obtain a franchise ordinance three it actually is encroaching on the on the sidewalk three feet three feet is it three feet yeah that's what we'll we'll show we'll show uh the the streetcape on that and that's a franchise this board does not does not approve franchise ordinances we would have to go to the city council for that so here's the the here's the the
property line is right here oh yeah and you can see the three the three foot Dimension it's actually that's three steps I'm sorry two feet it's three steps it's actually and that's two feet uh that's three feet that's three feet I can't see either and originally how it was proposed how it was originally it
was supposed to be um it's hard to tell uh it it was supposed to be in Board of the property line by maybe a foot so would have that made the steps steeper no they just got pulled out again as opposed to pushed back into the building same thing same situation next door or at on the other the other building why would you want to put so
many stairs I mean people are going to get tired going up down the stairs well the number of stairs I don't believe changed it's just that the stairs were pulled out in its entirety so we didn't make the first floor taller so you needed more steps doesn't make sense oops well it makes room inside him to do reconfiguration I don't want to do it it affects the landing on the
interior see if I can see them all at once why don't we hear the testimony before I know tough this okay I don't know so then what would have to be done in order to move
the hor whole stair whe the stairway back into the house literally do you know Jen uh well it would be um because I mean going over the property line that's not a that's not a minor infraction that's major yeah out into the sidewalk with the pedestrians three feet structurally it would be
um I mean I'm assuming there would have to be some fundamental changes on the inside but you could still do it I mean I gu I know right anything anything can be done I understand that break up so you can see if you look at what I have up here um on one second oops
so I actually might have to take back what I said in that um it looks like there are more stairs more steps I don't know what this one let's see what this one because the this line here where the end of the stairs were originally has not moved much from did the pitch change I'm sorry did the pitch change so the the only reason that would have happened is if um
the first floor got taller they didn't put it up but this is different from the other property this apparently it's consistent with the original plans but they just extended the St correct cor right so nothing else has changed except the stairs okay so they can go back and change the stairs well but the stairs will affect the stairs behind it so if you look at this plan here this is the end of the stairs above
it this is the stair the internal stair going from the basement to the second floor so if I move these stairs back this way this wall has to move back then these stairs will have to then also move back can I who was the contractor in this on this job you don't know I don't know do we have the name of the contractor on this job I could have my client come up and and speak to that because yeah he wants
to tell his story of how this contractor really was yeah please yes I do ibram spell your last IB r a h i m and your address please in Jersey City 1729 Kennedy Boulevard Jersey City New Jersey
hey Mr Abraham you're uh you're the owner of this property in the other and the last property is that correct we are okay and uh the board has asked the name of the contractor if you could provide the name of the contractor torna torna Mason LLC okay spell that I don't know the exact spelling I can look corna did you say sorno sorno so it was the first time we used this Mason and the last time we used this Mason on these they built both of these projects they built
hous going straight both of these properties the whole house they not just okay and we've built many other homes we have never had this issue this is the first last time on these two properties and I'm sure it will never happen again you should be for the changes that's I can call right now it's going to voicemail I'm blocked at once I realized all this that's happening we had it all this time we told them we're going to have
somebody try to fix it where we can and we just we tried to turn the stairs to it was going to block the garage the whole but the whole actual idea wasn't like it was a plan like hey let's change the whole home and we'll be okay with it and let's just put it on the market so yes there was minor tweaks that we did inside but the idea wasn't overall to say hey let's pull and make more space inside so so did you meet with him on a regular basis as he which is a big problem we have other projects in other areas and that
was just got to rectify this they could do something right to rectify this is there no way to split the width of stairs and go have it go back so we tried even if we go in so then the doors are going to have issues if you look at door to unit one and two then you would have to change the second floor it would just change there was major changes made here though it wasn't like a little change you moved doors you moved everything
around you know the architect must have had to update the plans didn't they no it was photo in this one it's just a lot of things to change in the field I feel the doors I think the doors are the same change stuff inside that's not what the architect is saying open on the outside by coming down like this narrow it and then have It reversed get to a platform and go back John can I see that photo you
certainly I don't know if it's wide enough oops maybe he wants to take time and go come back at another can you narrow the width yeah we're not do it's a shame as when it comes to the outside now the width and have it go in a reverse and and have the end of it go in the reverse
Direction so you're coming down sorry I'm if you come down two3 go to a landing and reverse the direction basically turn it ex you have to you you would have to narrow it at that point narrow you you can't you can't narrow it has to be I mean maybe you should meet with everyone and decide how you might be able to rectify this I don't know I don't know what to tell you at this moment I I don't know to me it's just
redo the stairs and make them different where you are not block when you're not going over the the line where you're not going over the boundaries need a and in make small I I I spoke with I mean once we realized this issue we went and we called and we just we couldn't figure anything I was we were all willing to do it but I guess you should have been on you should have been on site when they were doing this to watch what was happening
that I can't say you long about I'm sorry about that okay so what do we want to do here do we want to even hear them to make a presentation to us or we want to take a vote do you want us to continue with uh Miss palmo um if you Mr height well are they going to shed any more light on the situation than what it
is just whether or not we continue with your presentation where were you I'm sorry I mean this is it we talked we talked through this right we did so um just in sort of uh armchair quarterbacking here um yeah I hear what you're saying it's possible that the steps um we're built to a seven inch height when um code allows eight and a qu inch height uh in height which would have uh
required us to have more steps um and because that's what I'm sort of seeing here that uh had they built it to 8 and a quter inches we would have need fewer steps to get up that makes any sense to anyone okay um because they look pretty shallow when I was looking at the pictures um because the end of the stairs is the same as it was in the original
application on the top yes St be difficult for me to go up the stairs right so me the beginning point of the stairs at the top is at the same position it was in the original plans that is correct so when they constructed the steps they didn't use the right calculations and it ended up bringing it out further into the correct okay
so that being said I don't know if I want to say this out loud they Could reconstruct the steps to the eight and a quarter height and pull it back and pull it back okay is that permitted by code oh I have I mean I'm guessing I have't done the actual math math but I mean it'll c i don't didn't go out there and measure what the steps are right um so
yes all right so what's the cons can I ask um if another solution is viable would the stairs be able to be turned the garage would be blocked but there is no parking required by our standards in the R1 on this law so the parking can be removed curb cut the curb can be placed back in and the stairs then would comply that's true yes
wipe out the garage yeah we can do that that's a solution they have to come back with us they G have to come back so what she's saying is um parking is not required in the zone right um and so rather than um worrying about the length take the steps and then turn them before they hits the the property line and then have it come
down um in front of the garage I don't even know if it would have to go in front of theage you know to get in you can always like go around the stairs yeah know you can you move it I mean I think a combination of of uh of both solutions could work okay you have you have to make landing real quick and once the landing you got you got a section over here about of this level right here you have to create a landing here and then from The Landing that's
going to come out it would come out to the middle here oh I see it would be substantial well if I was them I would just make these stairs bigger and pull it back like she said she was saying these are seven something in the you can't it's allowed eight so I I'm would like to make uh a suggestion here uh Mr Harrington I i' like to make a suggestion maybe you leave tonight go back to the drawing board rather than being disapproved you know what what if
I don't know what the vote's going to be but you're you know it could be bordering on not approving this so maybe your best bet is to come back with a different design and try to figure this out and get it off that you know the street level the street side the sidewalk yeah I agree I was just starting to have that conversation with my client that that I I think is his best um advice the best advice I can give him is let's take a step back sharpen the pencil and see if there's something we can do here to keep it
within we'll work with planning to see if we can turn it okay um I think this is still under construction um and and see maybe we can find a contractor but um I doubt that but yeah I I agree I I kind of reading the tea leaves here and uh I think we need to uh take another look at it okay all right great okay okay thank you um so I guess we'll have another date to bring them back on this property um yes with different
plans but they have to present their plans to the planning board or whoever we can um we can carry them to March 6 okay to the March 6th meeting and okay yeah hopefully we can find a solution uh quickly I appreciate it okay thank you okay appreciate the Indulgence hopefully I'm not back on a lot of [Laughter] okay do we have any you know what you're going to get drilled on next time if that's right I've been doing this too
long I'm just gonna say no okay thank you very much s coming um do we have any resolutions that need to be memorialized at this time Mr Vinnie do we have any resolutions okay okay I want to go Iris do you need a I'm sorry do you break we're just gonna do resolution okay great yeah it's just resolution yeah's see yeah this is good
out don't get up don't get up okay the Heat's got to me you know when uh yes it was I think it was fair you're welcome did you hear that one that he just did oh my when I not sleeping well in City people got in they were break my walls they wanted me out I
was yeah no I don't do any I watch television maybe until 9:00 or something if I'm if and then I go to and then I watch television I go into work but I've been getting up about there's 400 people in hanging off the I don't work you do I don't I don't have to get I don't have to get up I have to do anything all right I got everybody
quiet the first row exactly what you get no and we think about it but the thing it is sometimes I'm thinking don't I had G in my hand was this close but I figured old lady next might I'm thinking there 3:00 in the morning and you were laughing too so any resolutions we have to memorialize okay can we please proceed both of these cases were heard on
January 9th present on January 9th were chairperson Coyle Commissioners burn shadid zi Baron and aroyo the first case z 2024 00002 the applicant was MJ 37-43 wne Street a preliminary and final major site plan approval with d and c variances for a property at 37-43 Wayne Street that application was approved six
in favor none opposed all in favor of memorializing that I and the next and last case z 2024 d59 the applicant was Nadim akar that's a k h t a r uh it's a one-year extension of prior appr approval for a proposed conversion of a two family to a three family dwelling with a four-story addition facade site improvements with d
and c variances the address was 97 Clifton Place that uh application was approved five in favor and one abstaining uh and the the person abstaining was commissioner zi I think he came in late for that yes he did so all in favor of memorializing that is I all the applications we have okay so at this time I make a motion to adjourn the meeting can I get a second second all in
favor I meeting adjourned you're here