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Evening everyone. Uh, meeting of the township union planning board for April 23rd, 2026 to order. Uh, sunshine notice, please. Pursuant to the open public meetings law, notice of this meeting has been and stated time uh and

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place was satisfied by the filing of an annual notice with the local source and the star ledger of newspapers of general circulation within the township of union and posted on the bulletin board of the township of union municipal building.

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>> Thank you. Roll call, please. Chairman Lang here. Mr. Cohan, Mr. Alexander >> here, >> Miss Espinosa >> here, >> Mr. Frame >> here,

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>> Mr. Miller, >> Miss Perkins, Mayor Frasier, Committee Terrell, Miss Khan here, >> Miss Khaled, Okay. Can we swear in the engineer?

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>> Mr. Dave, will you raise your right hand? You swear the testimony about to give the truth, the whole truth, and nothing but the truth. >> I do. >> Okay. First, we have on the agenda the minutes of the March 26, 2026 uh meeting. Can I get a motion to approve the minutes?

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>> Motion. >> Moved by Mr. Frame. Is there a second? >> Second. >> Seconded by Mrs. Khan. Uh, roll call, please. >> Chairman Lang, >> yes. >> Mr. Alexander, >> yes.

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>> Espinosa, >> Mr. Frame. >> Yes. >> Miss Khan, >> yes. Miss Klet is not here. Do I have everybody? >> Yeah, you you have everyone.

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>> Um, okay. Next up, we have uh a resolution for application 2026-02 2735 Route 222 LLC. Can I get a motion to approve the resolution? >> Motion. >> Moved by Mr. Frame. Is there a second? Second it by Miss Espinosa. Uh, roll

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call please. >> Chairman Lang. >> Yes. >> Mr. Alexander. >> Yes. >> Espinosa. >> Yes. >> Mr. Frame. >> Yes.

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>> Miss Khan. >> Yes. >> Okay. Uh, first in new business, we do have a presentation to designate an area in need of rehabilitation from Chris Collie from Topology LLC. Mr. Collie. >> Terrific. Thank you for having me. I'm

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going to open my laptop here. >> Will you raise your right hand? >> Yes. >> You swear the testimony about to give the truth, the whole truth, and nothing but the truth. >> I do. >> Thank you. Okay. Okay. All right. Um, thanks for having me this evening, members of the board.

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Um, I have a short presentation this evening to provide an overview of the rehabilitation study that's uh before you. Um, I'm going to start my stopwatch so I don't talk too long, but I figure I'm going to seven minutesish um to give

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you an overview here. So, um, my name is Chris Collie, CO LY. I work for a company called Topology. We're a planning firm based in Newark. And we were hired by the township, uh, to investigate a particular section of Styson Avenue and to make a recommendation and prepare a report as

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to whether or not it qualifies as an area in need of rehabilitation. Um you're going to see this map several times, but generally the area extends on Styusent from from 78 uh northward towards the uh municipal boundary.

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This matter is specifically before you tonight because the council passed a resolution at their meeting on April 14th referring it. Um that resolution included a copy of uh the report as well as a copy of a draft resolution that the council would ultimately propose to

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adopt uh finding the area in need of rehabilitation. And I'll talk as we go about what that means specifically and what the findings that we make in our report were. Uh just a little more about the area we're talking about. It's a collection of uh 20 or so lots um as I

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said located along Styson Avenue. uh really important towards our analysis and worth remembering from this opening point. These are properties that are currently zoned in the NC zoning district. And we'll look at some pictures in a moment. Um but uh largely

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comprised of primarily commercial uses with a few residential uses uh smattered in. So I always feel silly showing folks pictures of their own town when I come to meetings like this. In case you couldn't picture what we were talking about, um these are just some some street view images from that stretch of

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Styus. And you see a mixture of a lot of singlestory commercial buildings, a few two uh maybe even threetory mixeduse buildings, a lot of large surface parking lots, a couple gas stations. Uh worth mentioning before I get too much further, there is the big cemetery on

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the east side of Styverson Avenue. That's not part of this area. So it's west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west west side of styent um at least for that portion where the cemetery is um so that's the area and just to talk a little bit about what an area need of

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rehabilitation is um it's not an area need of redevelopment it's it's different and uh there are really two primary things that an area needed of rehabilitation allows a municipality to do one is to prepare redevelopment plans so to sort of set a specific vision a

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specific um land use vision for an area and two, it makes properties eligible for a short-term tax abatement if the township council chooses to introduce such a program. Um, what the rehabilitation designation does not do on its own, it doesn't

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change the zoning, doesn't authorize buildings to be demolished, doesn't authorize long-term tax exemptions or pilots. uh doesn't mean that uh existing buildings will go away, but it allows the township to uh take a next step in the planning to develop a redevelopment

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plan and sort of create a very specific vision for for an area for the Styson Avenue area in this case. So that's what a rehab area is. Um there's a very particular test which is set forth in the redevelopment law about

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what it means to qualify as an area needed rehabilitation. There are two parts to that test. Most of my report is describing those two parts. Um I'm going to walk through each two pieces and uh you'll you'll see my conclusion there.

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The first part of the test is that has to be determined by the by the municipality. The program of rehabilitation really meaning the the creation of a plan and the implementation of those tools I mentioned may be expected to prevent further deterioration and promote the

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overall development of the community. And secondly, there's a list of six criteria. Um and and the area has to be found to meet one of those six criteria. So to take these one at a time. Um the governing body must determine and and

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you're part of that recommendation that the program of rehabilitation uh may be expected to prevent further deterioration and these words I think are really important. Promote the overall development of the community. That's that's one of the the barriers to bars to this test. So overall development of a community very vague

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term right so like what does that mean it means something different in every place so to sort of understand what it means here we looked at your master plan we looked at your planning documents um and you know check to see if there was sort of evidence to support the idea

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that a rehabilitation designation was was in line with those and was in line with the overall development of the community. Um there's quite a bit in the master plan that I found to be relevant to that. Some of which is sort of general discussion about uh promoting growth through redevelopment of properties that are already utilized. Um

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but some of which is also quite specific even to our corridor. So I won't read each of these, but I'm going to read the third bullet point because I think it's very meaningful for this. Um promote the township's economic centers, including uh Styen Avenue. recognize the unique character of each area and promote

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development redevelopment and rehabilitation that will strengthen and reinforce market niches. So really sort of clear language in your master plan. I think setting forth what what the the overall development of the community for this particular part of um this corridor might mean I think supporting that sort

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of first um leg of the test. The second leg of the test I mentioned there are six criteria um that a property needs to meet one of to qualify as an area native rehabilitation and um I I just

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highlighted the one provision that I thought was most relevant when we were reading this or sorry when we were preparing this report and I've undone myself by making it so small but it says there is a pattern of vacancy abandonment or

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underutilization of property properties in that area. And as I mentioned, like when you go on this portion of Styson Avenue, there are plenty of active businesses. So, I don't necessarily know if you could say it's vacant or it's abandoned, but that word underutilization, I think, pops out. Um, so what does it mean to be

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underutilized? How do we assess if an area is underutilized? Uh, well, we did two things. First thing we did is we looked at well what are other comparable zones in Union and how are they utilized and is this area less utilized underutilized

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relative to those comparable zones. So we took all of the properties that are also zoned NC in the township and the way we evaluated utilization was by looking at the improvement value of those properties. So, you know, your tax

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bill, you've got land value, improvement value. Land value is whatever it is. Improvement value really sort of speaks to how utilized the property is. Um, so we thought that was a really good metric. Um, and it's common metric to use to evaluate utilization of the property. So, we looked at, as I said,

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all of the other NCZONED properties, and we calculated what's the improvement value per acre of those properties. And when you do that, it comes out to a little under $23,000 per acre. And then we looked at, well, what's the improvement value of the

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properties in this particular corridor? Is it uh, you know, about the same? Is it more? Is it less than um those? And when we looked at the improvement value per acre of this study area, we found that it was about $173,000 uh dollars per acre of improvement

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value, which is roughly 15% less than all of the other sort of comparable properties in the township. So for me, like in terms of just a quantitative metric, like that's a really strong piece um that almost confirms what what maybe the eye will see that these properties are are underutilized

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relative to their um similarly zoned and uh classified properties in town. So um closing up now. I'm almost at 8 minutes. Uh two two prongs to the test, right? Will it promote the overall development of the community and prevent further deterioration? I think the master plan would say uh yes, sort of corresponds to

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those recommendations. and does it meet one of those six criteria? I think the the numbers say that uh this area is underutilized relative to other properties. So based on that, it's our finding and the conclusion of the report that the study area qualifies as an area

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needed rehabilitation. Now the planning board's job tonight is to um really sort of kick a recommendation back to the council in terms of uh your findings and I maybe the council might have thoughts in terms of the act proper form of that. Um, but that really concludes my

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overview. I'll stop my timer and I'm happy to answer questions or your comments or or however you like to proceed. >> Questions from the board? >> Sir, thank you. You would recommend what would be going in those spaces in those lots or or other words like would you be

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putting a senior center a senior center in there? >> Yeah. >> Or housing. So this is so this is really this re the rehab process is a two-step process. So the first question is does it qualify and my the job I've been hired to for this purpose is just to

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prepare this report. Now should it qualify and should the township then decide yes we want to adopt a redevelopment plan. We want to modify the zoning and they could hire me. They could hire someone else but then there would be a process to say all right what does that redevelopment plan say? Like what uses should specifically go there? Uh, does the zoning need changes to like

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accomplish whatever goals we might want to have? That's that would be the next step and that would that would really um uh it could could be anybody preparing that, but it would be a township sort of driven process to do. So, >> is this like an eminent domain? >> No. >> No, it's not. Um, sorry, that should

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have been on my this is not slide. No, I'm glad you asked that though. That's a pretty good question. Thank you for asking that. No, >> eminent domain is not authorized under air and need rehabilitation under any circumstance. not not part of it. >> Okay. >> All right. >> Thanks.

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>> And thank you, Mr. Frame, for asking that question, actually. >> Yeah. >> Any other questions from the board? >> Any questions from the public? All right. Just for formality, comments from the board.

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Comments from the public. Okay. Hearing none, can I get a motion to concur with the findings of the study and defer back to the township committee for final adoption in designating the area in need of rehabilitation?

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>> Moved by Miss Espinosa. Is there a second? >> Second. >> Seconded by Mr. Frame. Roll call, please. >> Chairman Leight, >> yes. >> Mr. Alexander, >> yes. >> Miss Espinosa, >> yes. >> Mr. Frame, >> yes.

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Miss Khan. >> Yes. >> Thank you very much. >> Thank you very much. All right. Uh, next in our new business here is application 2025-9 ADM Investment Corporation, 1999 Morris

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Avenue. >> Good evening. >> Good evening. >> Uh, my name is John Sullivan. I'm an attorney with the offices of Vasola and Sullivan and I'm representing the applicant which is ADM Investment Corporation. Um it is the owner of the

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property which located um right nearby here at 1999 Morris Avenue. It's lot one in block 2320 and the property is located in the downtown core zoning district. Um it's a corner lot kind of irregular shaped. Um,

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it's fully improved with a two-story building. Right now, it has six commercial units on the first floor and five commercial units on the second floor. Uh, the first floor is pretty much all occupied. Um, the upper floor is completely vacant at this point. Uh,

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the proposal before you is to convert the second floor for use as three residential apartments. We're also proposing to add a roof deck, uh certain facade improvements, and to enclose the existing refu area. Uh we are not proposing any other site improvements

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quite frankly because the building takes up pretty much the entire site and there's really no no other area on the site for that. Uh the use would end up being a mixed use, which is a permitted use in the zoning district. We are requesting preliminary and final site

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plan approval and we're also requesting confirmation of the pre-existing bulk variance conditions that are there. Um we do have our planner here this evening and he will discuss those in a bit more detail. The plans that we have submitted

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are the architectural plans um which includes uh an architectural site plan. They are dated July 11th of 2025 prepared by Arrestus Vala. We also submitted a survey which is dated September 30th of 2024, last revised

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June 27th of 25 and that was prepared by Lakeland Surveying. And we also uh presented or introduced a trash removal plan. Uh witnesses tonight, I have a representative of the applicant, that's Marilyn Restrapo, and she's just going

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to give you a basic idea of what we already have on site and how that all works. Uh we have a uh standin architect tonight, Emanuel Pereira. Um he's going to provide his testimony on existing and proposed conditions. And we have a

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professional planner, Chris Brown. Um oh, and by the way, the county planning board did issue a letter of no interest with regard to this application. So if I may, I would ask uh Miss Restrepo to step up. M stop. Would you raise your right hand?

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>> Would you raise your right hand? You swear the testimony about to give is the truth, the whole truth, and nothing but the truth. >> Yes. >> Thank you. >> No, you >> want to stay at the microphone. >> This is my first time. Sorry. Oh, it's absolutely fine. Can Can you spell your name for the record?

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>> Uh, yes. My name is Milen Perezo. I am the property manager the building the 1999 Morris Avenue. >> I can't we can't hear you. I need to move the microphone. Yeah, it's all right. >> Okay. >> And can you spell your name for the right? >> Yes. Milo.

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>> Spell it. >> Yes. M A I L Y N P E R E Z. >> Thank you.

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>> Thank you. Um now you are >> now you are um here as uh essentially the property manager for the ADM Corporation. Is that correct? >> Yes. And that company has owned this property since June of 2022. >> Yes.

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>> And you're familiar with the site and its operations as it as it is now. >> Yes. >> Okay. And the first floor, as I understand it, has six commercial units? >> Yes. >> And can you explain to the board um who the tenants are and the type of business that they have on the first floor?

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>> Yes, of course. Uh we have six center and all the corner. The first is Peruvian restaurant and the second is juice bar is for juice for drink um healthy drinks and nest is um agency is

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for insure health and nest is African as for her nest is um ria ria is uh western onion and the end is the nails. And do you happen to know what the um

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the hours of operation are for each of those businesses? What time do they open up in the morning and what time do they close in the evening? Yes, they open the first who open is nails 10:00 a.m. is the first business is is

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open 9:30 and the other open more late and the all activities is the more late the more late is the restaurant Peruvian and the juice is almost 900 p.m.

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And um I assume that those businesses uh receive deliveries of products and materials. Is that correct? >> Yes. >> And where do they what type of vehicles make those deliveries? Um where do they make the deliveries from? And do you know what time of day generally the

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deliveries are made? >> Uh you sorry you talking about the vehicles the >> the vehicles that come and deliver for instance bottles of juice to the juice bar. Sorry, I don't understand the question. It's about where they parking,

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>> right? Where did the trucks come and unload the unload their product and take it into the businesses? >> Yes, I know they parking and they park in front. There is the place when always they

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parking because this is a way principal. So they I I think so they're parking there. Are you talking they're parking on the side of the street in front of the building or in the lot near Columbus Park? >> Peruvian.

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>> Okay. And um garbage and recycling. Right now there is um a number of containers that are on the side of the building. Correct. >> Yes. >> And we propose to continue that in the same location. Um however, the architect

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will describe the enclosure we're going to put around that. >> Yes. Because right now there is no enclosure right? >> No. >> And right now the second floor um I described that as being vacant space. Um are there any tenants on the second floor?

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>> No, it's empty. All office we have this office uh the last year was empty when we start to um to um to uh to apply for that. So in this moment we think was

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more more quickly. So we talking with all teners we get remote and all second floor is empty now. >> Okay. And I understand um that second floor in the roof area it's not in the greatest condition. You're having some problems with that. >> Yes. No. No. It's because the the

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building is old. So our our principal goal is try to renew everything because we have the heater but the heater is is the heater all so doesn't work more and we have we don't have a stretch extra

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extraction in this moment uh the roof we need main maintenance at the roof we need main maintenance at the basement we want change all I don't know how say the look outside. So the tr is uh the owner one investment

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and all building renew and not only for the new teners is to for because it's a corner it's a principal corner so it's like the apple the town so I we know if

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this is new renew everything everything seem more beautiful so the town is more beautiful more you win and We and we win because we have teners. The old business have more more more customer too because

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if the building is beautiful, the people want go for for for the business. So this is our first goal. Our first goal is try to renew everything. We may little by little, but the truth

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is we want renew everything inside and outside too. >> And you're hoping to do all of that as part of this application, correct? >> Yes. >> Okay. Thank you. That's all I have for Mr. Strap. >> Okay. Uh questions from the board. >> Mr. Sullivan, how are you?

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>> I'm well. How are you? >> Good. Good. Thank you. Listen, I have a question with regards to the railing on the third floor. I believe it is >> for the roof deck. >> Yes. >> Yes. >> What's the proposal on how high would that railing be? >> We have the architect coming up, right?

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>> We do have the architect coming up. Yes. Yes. He'll be prepared question for that then. Okay. >> Thank you. >> Okay. >> Any further questions from the board? Questions from the public? Thank you very much, Miss Res.

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Our next witness would be our architect, Emanuel Pereira. >> Mr. Pereira, would you raise your hand? Do you swear the testimony about the gives the truth, the whole truth, and nothing but the truth? >> I do. Manny Perez, P R E I R A S with Pedus Architects Ubiquitous. We're

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located at 1116 Summit Avenue in Union City, New Jersey. Thank you. Would you like me to provide qualifications? >> Yes, please. >> Thank you so much. I I'll I'll start. Just stop me when you like. I received the bachelor's of architecture in 2001

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from NGIT where I attended on full academic scholarship. I also studied at the AK de BAR in Fountain Blue, France where I received the architecture prize. I am licensed in the state of New Jersey as well as about eight or nine other states. Uh my practice was started this

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May. will be 20 years. I serve on a number of positions uh professional boards. Currently, I am the vice president for the Architects League of Northern New Jersey. I have also served as many positions on the American Institute of Architects. Currently, I'm a trustee for the state of New Jersey

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for architects. I serve on a lot of academic boards. I uh both high school and collegiate level. Uh this morning, I spent the day at a at a advisory board meeting. Um I do this a lot. I come before boards. I've come before the board in this town, the zoning board of

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adjustments board states. >> Thank you. >> And your license and your license is in good standing. >> My license is in very good standing. >> Terrific. Uh you're familiar with the site as well as the application we're presenting this evening. >> As we know, I did not prepare the drawings before us, but I had an opportunity to look them over

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thoroughly. I had an opportunity to visit the site uh and I'm ready to testify on that. Can you describe the existing structure um including elevation and floor plans and as Ms. Restrepo spoke about you know the the need for some uh TLC on this

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building? >> I will be very happy to and as you could see there is nothing up on the board and there's a little bit of a technical difficulty but I am very old school guy and I always have a backup. So if you permit me I have a board that I could share for the board.

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I know we want to orientate them uh for the cameras. Uh I just want to make sure um S if if >> if you're good with the orientation for that. >> Okay. >> Okay. Okay. All right. You can go. You can go ahead. >> Thank you so much for that. I'm glad I had the backup. Um, and thank you for

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letting me present on these old school boards. Um, the documents here are the same documents that were submitted to the board. There's two presentations. The first one on top is the architectural drawings. The bottom are three-dimensional renderings of the

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proposed structure as we as we see the the intervention. As council mentioned, the site currently basically there's an existing building that's two stories that occupies the entire site. If we here we see the entire site. It's an odd

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shaped site. Um the site consists and our planner is going to go a lot more into detail on the variances we need but the site consists of a 10,000 whereas 10,000 ft is required. We have a site that's 4,493 ft. A lot width of 100 ft is required.

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We're at 74.61 61 ft and a lot depth is required of 60 ft. We're at 60. Of course, these are all pre-existing nonconformities. We have a pre-existing building. We're not looking to change this building in any way. We're working with what we have. And as ownership said, this building needs a lot of

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tender loving care. It is in a very prominent location in town. And this is an amazing opportunity to make something beautiful, not only for the inhabitants of this building, but really improves the entire neighborhood. Right now there is commercial office space on the second

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floor. Office space is a dime breed. Okay. After COVID it's even worse. People don't need offices. Uh a lot of people work from home. It's not something that is even rentable today's in today's market. But it is important and it meets your master plan

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requirements and your our planner is going to speak a lot more about that is to keep an area active during the day with commercial businesses and at night with the residents that live above and we're looking to propose a use in that existing space that does exactly that

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and not expand on any of the variance that we have. So, replacing the the offices on the second floor with residential. And to walk you a little bit through more on the site and the variances that we do have, which by the way are all pre-existing non-conformities that we are not

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expanding in any way. Uh we have a front yard setback. No requirement is uh provided. Uh there is no change on that. There is a rear yard requirement of 20 ft. As you can see from the site, our building's right up to that line. We actually have 1.2 2 feet uh set back.

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That's a pre-existing nonconformity. A building coverage of 80% is required. The pre-existing condition is 97%. Again, no change. Uh impervious areas, 90% is the permitted. We are at 100%. Um

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we are compliant with the number of stories. We're compliant with the height significantly. We're allowed to go up to 52 feet. We're only proposing 27 ft. um and parking, no requirement there. So again, no expansion on any of these

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pre-existing non-conformities. They are what we inherited and we're looking to just move forward with that. Turning the page now to the second page, we see the existing conditions. We have a basement that we're not looking to touch in any way.

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We have a ground floor that for the most part stays exactly the same. All the commercial spaces that the applicant described, the ownership described are remaining the same. The Peruvian restaurant, everything, no changes there. Internally, we are modifying the

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entry to meet code compliance and everything else that's required. There's going to be significant upgrades from a construction standpoint. There will be a two-hour fire separation between the commercial spaces and the stairwell and the apartments above. So, there's a lot of fire safety issues that are going to

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be addressed with the application that we have and we address that with the building department. Um, as well as alarm systems and things of that nature. The second floor, which is really the the heart of this project, is what we see office spaces. There was a former dentist up there. There was a dental lab

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up there. There's a lot of work that just is non-existent today. That entire space will be demolished. And we had a roof that had no access to it. There was it was impossible to do maintenance. They had to go from outside the building. It was very difficult to run

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maintenance on that roof. What we're proposing to do is, as I said, basement stays the same. Minor entry differences on that uh residential entryway. Instead of having two doors that don't work and don't close well, we're going to have

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one beautiful storefront door to enter into that uh residential area. That residential area has a stair that leads you to the second floor. And there is a residential lobby on that second floor with access to the three units. We

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propose a three-bedroom apartment along this corner, a three-bedroom apartment along this corner, and a two-bedroom apartment plus a den along this corner. All the designs are comparable. you walk into an open um open floor plan layout

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where you could see the exterior windows and beautiful kitchen, living room, dining room space and then the bedrooms. And just to give you a range of what these bedrooms are, um the smallest bedroom in this is ranges from 178 ft to

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212 ft. The smallest bedroom in this apartment unit is 140 square ft and the smallest bedroom unit on this one is 188 square ft. So these are all comfortable spaces uh that we're proposing.

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And just to give you for so that we have for the record the square footage on each of these apartments. Apartment number one is 1,382 ft. Apartment number two is 1,240

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ft. And apartment number three is 1,595 ft. So these are comfortable apartments. It's what the applicant can do from an architectural standpoint that doesn't require a huge intervention to this building. Any more units would require

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will trigger other requirements that we're not proposing to do here. And finally, a very important note. This unit right here has private access to a rooftop terrace. that rooftop terrace is located around and we're very concerned with safety. So what we're proposing

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here is to have a railing that is 4t high. So we have 48 in from ground to top and we make sure that that's not a climbable railing. So it's a smooth surface railing so that if we have children they're unable to climb up and and out of it. So it's a 4ft smooth

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surface railing and it occupies a small center of the roof and it is a private roof for just that one unit. And what that does too is allows us to have a gate so that we have access for maintenance throughout the rest of the building. As far as our facade is

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concerned, we are borrowing the aesthetic from across the street. Across the street is a very beautiful building, very elegantly done. Uh kudos to the architect who designed that. It is it looks beautiful in town. And now this is an opportunity for the town to look a

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little bit more uniform, a little bit more beautiful as well. So across the street, we're proposing the same aesthetic. We have this raised awning along the the storefronts. We're looking to demolish that and give the building an entire facelift. So as

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you could see, we're renovating not just the second floor that we're proposing, but also the first floor. We have the existing conditions on the left hand side of sheet and the proposed conditions on the right hand side. We're replacing what we have with brick and uh and panelized uh projections similar to

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across the street above. Uh and we're looking to maintain the same signage as there before. So each individual sign for the stores will now go on this band that is located across here. to talk a little bit about different concerns. We

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have the garbage for the building is currently located on the side across here. We're looking to replace the existing containers that they have and provide new beautiful containers so that all the garbage gets stored on that side profile exactly the way it was before

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with easy access to the street uh from that point. And I think that concludes my testimony. Did I miss something? >> Just a couple of things I wanted to talk about in terms of the rooftop. I think we were showing a barbecue. Um, >> yeah, they were being a little ambitious

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from a zoning standpoint. Uh, we will not have a barbecue on the roof. Uh, it doesn't meet uh code requirements. So, we do not have a barbecue. However, there are other cooking opportunities that are permitted. So, we would like to still have the wet sink there. It's a beautiful amenity to have on the roof

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and that way they could come out and have a hot plate if necessary and be able to store that in but nothing permanent. >> And can you speak uh briefly as to security um in terms of getting to the residential units? >> Absolutely. So we have a renovated new

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storefront at that ground level point and what's comfortable is that we only have three residents. So we have a controlled entry point there. There will be one door. It's keyed. That door is slightly recessed so all the mailboxes

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fit on the side profile of that entry. So no one needs access in within the building. Uh and and that's and that's our solution. >> And are we what are we doing in terms of residential tenant storage? >> So there is an opportunity in the

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basement for storage. Uh as you could see here there are nine different spaces uh whereas all the stores do not occupy that space. So they have the opportunity to rent out space in that basement area. >> And then uh could you brief speak

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briefly as to uh fire suppression alarm systems? >> Yeah. So the this will be a what's called from a building department standpoint a change of use. So, we're going from something that is MMBB use to

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something that is now residential. It's going to be an R2 and MMB use. That mixeduse concept requires a fire suppression system. So, this building is going to be equipped with a full fire suppression system. And the statistics on this do not lie. Fire suppression

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buildings, there have been absolutely zero deaths due to fire in the United States for buildings that have a fire suppression system. It's an amazing statistic. There have been deaths to smoke inhalation, but nothing to fire with the smoke. So, this intervention

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that we're proposing today increases the safety of not only this building, but the entire neighborhood because it creates a very safe building. In addition to the fire suppression system, it will have to conform with other building requirements that I mentioned earlier. There will be a two-hour fire

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separation between the commercial areas and the residential areas. above. That's the ceiling, that's the walls, everything throughout the building has to conform with a two-hour rating. And we will be introducing a both a low voltage alarm system and an

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interconnected hardwired uh 110vt system for smoke detection and carbon monoxide detection throughout the building. >> And you've had the opportunity to review Mr. Venia's report of January 13th. >> I have. And there's really only three

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comments and they're at section 3.1, 3.2, and 3.3. They deal with the need to obtain building permits, have a pre-construction meeting, and obtain a uh permit from the town um uh as well as uh performance bonds if required, and

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we're willing to comply with all of those. >> We have absolutely no objection to those comments. We will be pursuing them diligently. >> Okay. Thank you. That's all I have. Thank you very much. >> Okay. Questions from the board. >> Mr. Pierre, how are you, sir?

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>> Very well, sir. Thank you. >> Good. >> There there will be a a suppression system. >> There will have to be a suppression system. >> Okay. >> What is the size of the basement? Square footage of the basement. >> It is the entire footprint of the entire

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building. So, the basement is roughly 4,900 ft. Yeah. And it is a windowless story basement that requires the suppression system as well as well as the mixeduse concept of the building. >> Can you please talk about the

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>> the uh the rooftop? I have big concerns with the people falling over. >> Absolutely. We could address that a little bit further. Um right now we have simply this corner. I'm gonna

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make a recommendation and remember I didn't draw these but I think the applicant will be willing to do this. I like adding an added safety feature which is that I like stepping back the railing from the edge of the building 3 feet. So if this railing gets stepped

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back three feet let's say the horrible event that a child is able to climb get away from their parents climb four feet which is not necessarily easy and fall over. He's not falling to his death. He's falling on the roof on the other side of this fence. I think that's a

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very simple change that makes a lot of sense and makes the building very safe. So, if if you're willing and and you understand that, I'd like to make that change to step it in three feet from the sideyard setback. >> Why can't the railing be higher?

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>> We can make it as high as you want. There's no objection to that. >> No objection to that. >> What do What do you feel is safe? I think four feet is safe for a couple reasons. We don't want things to look awkwardly tall and when people are on the roof deck, we don't want them to

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feel like they're inside a room. 4T I think is safe, but if you'd like taller, I don't think the applicant will have any any qualms about making it taller. >> I would Mr. Davia, do you have any idea

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on on this? A and just also so that we know from code reference code requires 42 in. So we're proposing 48 in. So that's 6 in better than what code requires. >> Okay. >> And I think Mr. Fran, I I believe that um the setback from the from the edge of

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the roof line or the the the building is going to be a major safety feature. So, and at 48 in if you go higher that I'm concerned that you lose the appeal for being on the roof and you're looking through a fence. So, you know, at least adults, if you go up there and you want

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to have a cold beverage or warm beverage, you uh you're going to be able to see out over over Union. So, uh I think 48 is good with that with that combination and and the fence being the the proper, you

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know, you said smooth >> Yeah. smooth surface so that it's hard to climb. >> Is it glass? >> It's No, not necessarily glass, but it could be glass. >> Is it glass or is it like a metal? >> So, so as an architect, I always know to

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give my clients some flexibility because financial restraints are are huge. So, I don't want to narrow them down to glass or something else. But what I can say is from a safety standpoint, it has to be a smooth surface. It has to be 48 in. and limiting them limiting them to that make

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sure that we meet the safety requirements. >> I know that there are um just as a as a comment before just had a follow-up question on that. I know that there are other rooftops uh within the center that might have um uh similar

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features built in the buffer from the edge of the building and a fencing or some kind of fencing of of a similar size. Mr. Na'Vi, if we could probably pull up a frame of reference for for like the the um

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>> what used to be the bank building and one of the centuran buildings because I think they have a similar setup just as a benchmark. And if it's pretty much similar, I I wouldn't think that we would have any concerns because we haven't had any concerns with those rooftops. >> Yeah, if there's no objection, we could

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put something in the resolution that indicates that 48 in or the height deemed necessary by the building department. That's something we find the standard. Let's say it was 50 or 52 that that's been done around town. Then then we could adjust it to that.

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>> Absolutely. We can make it to the to their >> I'd want to defer that a little to the building department because they have, as the chairman indicated, they've done this a few times now. >> Yeah. >> Yeah. >> So, where would the FDC be? >> The FDC. >> What? >> Fire department connection. Where would

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that be? >> Where would it be? >> Yes. Uh so that's the reality is that that's going to be determined by the water service uh and the utility company. It will be on the face of the building will have a Siamese connection for the building department. um that

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will be ultimately department >> siamese I I don't believe you have to have uh LDH >> I think we do at the end of the day we have a uh sprinkler engineer fire suppression engineer that's going to design that entire system and and locate

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it with a and coordinate that with the the fire department. >> Okay. All right. Thank you. >> Yes. So parking is an interesting thing and our planner is going to speak a little bit more about that. We had office space on the second floor. So office space is

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a lot more demanding on parking in general. Uh you have the occupants of the offices themselves, the dental lab, things like that as well as all the patients that came to the dental the dentist and all the customers that went to the office space. Now we're changing

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it to residential. So the demand actually drops and currently there is no parking on site. We have a hardship for providing parking. There's no way of making this modifying this building in any way to provide parking and we have the ability that there is available

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parking in the area and there's great means of transportation and like I said the the planner is going to elaborate on that a lot more and better than I can. >> Okay. Thank you. >> Thanks. >> Um nothing will be done on the basement. to say

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>> nothing. Well, there there are minor things that will be done. For example, we need a fire suppression system. There's going to be a manifold that's going to go in the basement. There are things like that from a mechanical standpoint. The tenants upstairs will have access to storage rooms in the

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basement. Uh but beyond that, nothing is going to be done to the basement other than life safety issues. >> No washer dryer in the basement? >> No, we we're proposing washer dryers within the apartments. Mr. Nav. >> Yeah. Just a few things as they apply to

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the rooftop. Um are you indicating that only one of the unit owners will have access to the rooftop? >> That's how it was designed. Only one of the owners have access. The the stair is internal to one of the apartments. >> Okay. All right. So, is that something

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that the applicant's willing to stipulate in a resolution that that it will only be for the I don't even want to limit it necessarily just to the that one U owner, but to the residential apartment owners

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at at the most. They're not going to rent out the rooftop. There's not going to be any kind of parties up on the rooftop as far as outside people. No, actually I think and I'd defer to our planner, but I think that would trigger other >> I mean the concern being is that that

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could be a nice amenity up there for residents, but it could also be someone who wants to throw a party. >> Uh and that's not something that we we're interested in. >> Yeah, the applicant has indicated uh yes, it will be limited to that apartment. We're not going to rent it out and we're not going to,

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>> you know, throw parties that are not associated with that apartment. So, the other thing that that is um I don't I don't think we've addressed is any kind of lighting up there. So, um I don't really see any kind of lighting up there. Is there any intended lighting?

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And how do we how do we make sure that that lighting goes off at a certain time? >> So, there are >> and stays and stays at a certain uh only illuminates that rooftop area for safety as opposed to illuminating the neighborhood. >> That's a great question um and comment.

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the there are some code requirements that require lighting. So the the stairwell entry will require a light fixture above that. What we could do is shield the light so that we have no um um no nuisance light or no uh no um and

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I lost the word >> spillage. >> Spillage. Thank you. No spillage beyond the property line. and and that can be written to a resolution and we'll make sure that we have uh a lighting design that limits that lighting to the rooftop.

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>> Okay. >> Just one more question. The uh opening for the new door, >> how many inches would that be >> for the entry door for the residential? >> Yeah. >> So, we are proposing 36 in and that will comply with all code requirements. Okay,

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thank >> just one one quick question on um signage. Uh I noticed in the review letter there there hasn't been any um observation about signage. So is it safe to assume that existing commercial

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signage will stay as is in terms of the dimensions put forth? So, I think it's very safe to say that we're not going to grow the signage in any way. And the design, even though I didn't prepare it, it really uh lends itself very well for

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signage along that white band. So, it is the ideal spot. There's almost no space to put signage anywhere else. So, it is uh perfect for signage and not very intrusive at all. >> And it would adhere to it or ordinances and wouldn't requirements.

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>> Correct. >> Okay. All right. Thank you. >> Any idea how how long this whole project would take? >> So, in my experience, I would say that this is from permit acquisition to completion. A 9-month project, maybe a

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10-month project. That is very loosely said because it all depends on the labor force and their quality and and their ability. But I'd say on a typical project, this would be nine months or so. Any further questions from the board?

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>> Questions from the public? >> Okay, Mr. Sullivan. >> Yes. Our ne >> try that again. >> Our next witness will be our professional planner, Chris Brown. >> Mr. Chair. >> Hello. >> Mr. Brown, would you raise your right

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hand? You swear the testimony about to give is the truth, the whole truth, and nothing but the truth. >> I do. >> Thank you. >> Mr. Brown, could you state your qualifications for the board? >> Yes. I'm a licensed New Jersey professional planner, um, a member of the American Institute of Certified Planners. I graduated from the State

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University of New York at Buffalo in 2006. So, I've been practicing in the state of New Jersey for 20 years. I'm a member of the American Planning Association New Jersey chapter. Also a me board member of New Jersey Future. Um I I am filling in for John Mcdana

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tonight. Um my my regular uh day job, I am the community development director for the city of Hoboken. Um I was at a council meeting last night until about midnight and I can say that your benches are far more comfortable. So >> thank you. And the board stipulates.

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>> Thank you. Now, Mr. Brown. Uh, you're familiar with the proposal before the board correct? >> Yes. >> You've had the opportunity to visit the site and check out the area, so you're familiar with that as well. >> Yes. >> And could you begin by just giving I'm not going to have you redescribe the site. Um, but if you would just um talk

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a little bit about the immediate area. >> Sure. Um, this is a um pedestrianfriendly mixeduse area, part of the downtown core zoning district. um has a downtown uh has that downtown

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zoning, mixed use um feel and aesthetic to the area um with uh a lot of ground floor retail and mixeduse buildings as well. >> And would you describe the proposal including the variances that um we've

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spoken about? >> Yes, this is the conversion. The proposal is to convert office space on the second floor um to three residential units um not to regurgitate the the architect's um testimony, but the three

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residential units would all meet the uh floor area minimum floor areas uh as as required by the uh by the zoning district. >> Okay. And the variances I believe they were called out. Um >> yes. So the

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>> so there are six required var or there are six variances which are called out in the collars uh the uh the collier report dated January 13 2026 uh that is for minimum lot area where 10,000 square ft is the required uh minimum and

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whereas 4,493.7 ft is provided minimum lot area of 100 square of 100 ft um whereas the property proposes a width of 74 4.61. Uh minimum lot depth of 100 whereas the

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property proposes a depth of 60 ft maximum B building coverage um of 80% whereas the application proposes 97%. Um and maximum lot coverage of 90% whereas the application proposes uh 100.

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So, all of these variance conditions arise from the fact that this is a pre-existing non-conforming building that is on an undersized lot. Any um proposed change of use on this on this on this site would trigger all of these

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variances. >> And we're not um exacerbating any of those variance conditions, are we? >> No. And um can you speak in terms of the criteria in support of the pre-existing

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variance conditions? >> Uh sure. The positive criteria um which is the benefits the benefits of the application um per the uh the purposes set forth in the municipal land use law starting with purpose A the promotion of

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the general welfare. Uh whereas the conversion of vacant storage space into residential units creates a variety of housing options to meet the needs of u residents in the in in in the region. Um also as our architect stated uh the

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renovated new features of the fire suppression system would contribute to the promotion of the general welfare. Um the proposed conversion uh effectuates the purpose of the zone um with the purposes of the zone of the purpose of the zone being to create a zoning district which maintains Union Center as

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a viable business area. Um and staying within this purpose it should be noted also that a viable population base is necessary to support local businesses. So introducing what planners like to call walking wallets into into the neighborhood. um as well as the proposed

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project maintains the ground floor non-residential uses which creates a mixeduse u environment um and the project eliminates vacant conditions on the second floor of the existing building uh purpose E which is to promote the establishment of appropriate

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population dens densities and concentrations which contribute to the well-being of neighborhoods and communities. Uh the zone was established in 2022 u subsequent to the 2021 master plan. Uh the purpose of the zone was to

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create a zoning district which maintains Union Center as a viable business area. Uh this proposed mixed use building is consistent with the purpose of the downtown core zoning district does again it brings residents into the business area.

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And then purpose G um providing suspicion s sufficient space for a variety of uses in appropriate locations. Uh the proposed mixeduse building uh supports the purposes of the zone and creating that mixeduse environment uh to promote and then purpose I which is to promote a

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desirable visual environment through uh aesthetic design. Um again there's going to be some sub substantial um upgrades to the facade to match the uh surrounding newer buildings and uh purpose M to encourage the efficient use of land um which you know

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we're taking uh an existing building that is underutilized and providing a new use which will contribute to the downtown area by way of new life, new vi new um vitality and and people walking onto the street. um and it's not

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increasing coverage or setbacks. There are no alterations proposed to the building which would exacerbate those conditions in terms of the negative criteria because every C variance um requires every variance condition requires positive and the negative. Um the

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negative criteria is basically no substantial detriment to the public um or the zone. Um so none of the the existing non-conforming conditions are being worsened or intensified. No changes to setbacks or coverage are

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being proposed. Uh mixed use buildings with residential and non-residential uses are permitted in the downtown core zone. So this is a permitted use within the zone and of course because we comply with floor area um it's it is envisioned uh within this this area. It's a perfect

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use for per the zone. Uh the downtown core district sets forth minimum residential uh floorers like I said and this is an area that is full of amenities for uh residents uh such as restaurants, shopping, um retail which will further the purpose of this zoning

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district. >> So you went through the criteria for the C2 and I'm assuming because our building takes up the entire lot and everything's pre-existing um that the C1 hardship would apply as well. >> Yes. So, as this is an undersized lot, we believe that this meets the threshold

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for release relief for the C1 bulk variance. Um, as the strict applications of zoning requirements result in exceptional and undue hardship uh upon the property. >> Okay. And uh Mr. Pereira had uh deferred

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to you the question about parking. Um can you address that? >> Yes. So there are two sections of the ordinance which speak to parking and that speak to the um exemption of parking in this area within the downtown

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core. That that is section 170 1301A and one and section uh 1301B which is which essentially um exempts parking within the downtown core district. Again this is a highly walkable area. There are

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we'll put there are there are bus there there's bus transit um there's a number of on street parking spaces. So we believe that um parking would not be uh new parking would not be a uh uh um a uh

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reasonable um you know addition of the building especially again this is an existing building um that's being preserved. So there is no functional place for parking to be placed >> and there are several municipal lots in the area that could be available. Correct. >> Yes, there are.

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>> Um I believe the one near Columbus Park um as well as perhaps um right here in front of the municipal building. >> Correct. >> Um that's all I really have for Mr. Brown. >> Okay. Thank you. Uh questions from the board,

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questions from the public. Okay. Do you have any further questions, uh, Mr. Sullivan? >> No. That presents, uh, that concludes our presentation of evidence. >> Okay. Would you like to summarize? >> Sure. >> And close. Yep. >> Um, so overall, I think we're proposing

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a plan and use uh, which fits well into the neighborhood. Um, it's permitted use. Um, as Mr. Brown had testified, you know, it's a nice mix of of commercial and residential. Um, we're bringing the the residential to the business and

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that's going to help sustain the business community or the business area. Um, so basically we're providing some housing choices. Um, I think we have a couple of three bedrooms and a two-bedroom. Um, we're going to eliminate the old vacant office space

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and, uh, the variance conditions are all pre-existing. We're not enhancing those in any way, shape, or form. Um, in terms of parking, I agree with Mr. Pereis, you know that the parking demand on this lot is now um reduced considerably from you

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know those office type of uses to uh the simple residential. Um so I think that helps um overall in terms of the downtown core zoning district. Uh we've certainly shown a number of special reasons. Uh we do feel that the benefits

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strongly outweigh any detriment. Um matter of fact, we don't really see any detriment. Um, I mentioned the hardship, the the building takes up almost the entire lot. Uh, these are all pre-existing conditions again, which we are not enhancing. Um, so for all of

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those reasons, we would ask that you consider granting the application and um, we did agree to certain of the conditions that were mentioned and they would be uh, a part of any uh, consideration for approval. Okay. >> Thank you very much, Mr. Sullivan. Comments from the board,

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comments from the public. Can I get a motion to approve application 2025-9 with uh the conditions as stipulated within uh the proceedings tonight? >> Motion >> moved by Miss uh Tamay Long. Is there a

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second? >> Second. >> Seconded by Mr. Frame. Roll call, please. >> Chairman Lelay. Yes, >> Mr. Alexander. >> Yes, >> Miss Espinosa. >> Yes, >> Mr. Frame.

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>> Yes, >> Miss Khan. >> Yes. >> Okay. Thank you very much. >> Thank you very much. >> All right. So, I know we'll we'll get that uh moved out. Uh, our next application for new

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business is uh application 24 2024-09 amended uh 811 Chestnut Street. Mr. Hail, good evening, Mr. Chairman and board members. Steven Hail representing the applicant, Michael Briguka, in connection with property located at 811

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Chestnut Street in Union. Uh, the board is, I'm sure, well familiar with this application. We've been uh proceeding on this for quite some time. And just a little bit by way of background, originally as proposed, this was a major subdivision, four lot subdivision with

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proposed 32 family homes. There were a number of variances associated with those homes. Uh we had begun this application in June of last year. We then modified the plans to make it a three lot subdivision and instead of u

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the fourth there were three originally three building lots and then a lot for additional parking. Uh the latest modification well the second modification was in October where it was reduced to a three lot subdivision still

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major subdivision with a private road. We would have to have an association and the like. Uh we've gone back to the drawing board, worked with uh Vince and Collers and the municipality and it's now a two lot subdivision. Uh it's a minor subdivision. Uh essentially meets

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all of the criteria. Uh you've seen the the letter from uh Collers and there's two minor you meet the height. It's just a uh a minor variance for number of stories that's to allow for the for the parking and the like. And uh we've also modified and you'll hear from our

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architect and this is outlined very very nicely uh in the Collier's letter as to the changes that were made to the u to the build to the homes themselves. And uh again that's out that's outlined in paragraph 3.1 of the CERS review. So we

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again what we have here now permitted use minor subdivision uh two two family homes fit nicely in and sure everyone's well familiar with that stretch of property. Uh it's it's owned for two family and that's what's along that that stretch there. So, what I'd like to do

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um is to I guess would be recall although we could have him re-qualified and and sworn in Adan Khan, our our civil engineer to take us through the the minor site plan, I'm sorry, minor subdivision layout. >> Mr. Con, will you do you swear the

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testimony about to give the truth, the whole truth, and nothing but the truth? >> I do. >> Okay. And Mr. Khan, you've testified before this board on this application and know many other applications. Mr. Sharon can just have him confirm that your licenses are still in full force in effect. >> Yes, they are all current. Yes,

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>> board stipulates. And >> great. >> Thank you, Mr. >> Right. Uh, Mr. Khan, you've heard my overview and I know you've been at uh several of the hearings on this matter. If you could take the board through the uh minor subdivision plan that's now

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proposed. >> Okay. Uh I mean uh I I don't want to go in detail. I just quickly go over the layout. Uh first of all, the existing conditions as you all are aware. Uh let me just get a better control of this

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first. Okay. >> That's a touch screen too. So >> Oh. Oh, that's even better. >> I believe it is right. >> Yeah. >> Yeah. >> Okay. >> As I've often said, find a young person.

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>> All right. So as you can see like again the we have this irregular shaped lot and originally we started with four lots then three lots and now we are proposing two lots. Uh the topography is one of the challenge on this property and that is the reason we are seeking one of the

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variance for the height. uh not the height in feet but the number of stories because the way the definition works and the way it's supposed to be calculated with the grading around the new houses it's creating uh instead of calling it a basement it becomes a floor. So it's a

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threetory variance but we are complying with the height requirements and again we are also complying with all the other uh bulk requirements. So if you look at it, this is the new layout. Uh it's basically a simple subdivision, a line uh pretty much

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through the center of the lot width uh bifurcating the two lots. Each lot will have a two family uh unit on it and we are proposing four parking spaces for each lot. Uh right now they're identical pretty much the mirror images of each

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other except for like the architect architectural features that the architect will go over the facade and uh things like that. Uh one thing also I want to uh reiterate like since it's on a chestnut street very busy street signalized intersection uh in front of

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our property. So what we are also proposing, we are proposing a turnaround area along the driveway. So that that will basically give the cars the flexibility to turn around within the driveway area rather than backing up on Chestnut Street. So this

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turnaround area is pretty wide. Uh I mean it can be also like it's wide enough to park park a car, but here specifically it's been designed for a turnaround for the cars through the lot. Uh one other comment that recently came

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in like there is an existing guardrail on Chestnut Street. So when we are designing this uh driveways for the new house especially lot 4.01 which is the eastern uh lot uh if you look at it the

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this is the extent of uh the existing guardrail. It starts from this point and it extends all the way to the embankment of the highway. So we are clearing that the driveway that we are proposing does not impact the guardrail or relocation or replacement of the guardrail or

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removal of the guardrail. So so we will be okay uh with that aspect. Uh again we are also proposing landscaping along the common property line or the subdivided line as well as some perimeter landscaping. Uh storm water design for

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each lot is also proposed. Uh the grading was as I mentioned like this is because of the grading that we are here in front of the board for uh the height or the number of story variance. Uh there is an embankment in the back that

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is a DOT embankment which is an easement through DOT and again we are clearing ourselves well clear of that embankment. There will be no impacts to that embankment but again because of the challenges in grading uh we have to seek that variance. Uh each house will have its own storm water management.

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Currently there is nothing exist on the property. So each house will have its own storm water management. We'll direct all the roof runoff into the dry well system. uh and uh that is the plan. uh then I have like a construction

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typical construction details uh for the project uh which are pretty much I think we went over last time but these are the major changes that we are proposing for this uh amended application. >> Great and just touching on the collier review I note that uh item 5.1 does find

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the landscaping that's proposed to be acceptable. I've just confirmed in section 4 4.1 through 4.8 you have no problem complying with any of those terms and conditions. >> Yes, no problems. >> Great. Thank you. Uh Mr. Chairman, uh no

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further questions of Mr. Khan at this time. >> Questions from the board. >> Mr. M. Khan, just uh one thing. I know we talked about you have a turnaround area. Um, it looks a little bit tight. I know you were struggling with some of those grades, so you don't want to move

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the house back too far because you're still fighting against the grades. Um, I also realize that you're you're actually reducing the impervious surface from what you had out there. I'm not suggesting you come back with any kind of revision, but it it may make

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it a little bit easier to turn around if you make that driveway even five feet longer. uh maybe try to adjust that house a little bit so that that turnaround area could really be utilized. I think those cars that are parked out outside in the driveway are going to have trouble. They're going to

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have to turn about seven times before they can they can head out uh face face first, which I think is important. So, if there was a way to just make those ever so slightly uh longer, I think you you have a better uh better

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end product for the the end user. >> No, I agree. And I think like we have the room I believe we have the room in the lot coverage also for each lot. So I think yeah we can push the houses uh back and make that driveway a little bit bigger for better maneuverability.

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>> I mean I I said I think I think even 5T would be a big difference for someone trying to use that turnaround effectively. >> I agree. >> No pro no problem with that. >> No no problem. >> Right. We'll we'll submit uh if the board is kind enough to prove the application to Mr. Do a to uh confirm

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>> that and that will not impact uh either well there's only the one stories there but it will not create any variances as far as setback impervious or otherwise. >> Uh no I'm just only looking at the height because the height uh if you move like we will be probably

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getting couple more feet. So height numbers might change slightly. Uh but >> but they'd still be below the >> uh let me just confirm that. >> Right now we are 2932. Yeah, I think so. Yeah, it will still be a story. Yeah,

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>> thank you. That's a guess. >> All right. Any further questions from the board? Questions from the public? Thank you very much. >> Thank you very much, Mr. Khan. And I'd now like to call upon our architect, Christopher Judnik.

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Good job. Raise your right hand. Do you swear the testimony about to get together this board is the truth, the whole truth, and nothing but the truth? >> I do. >> Can you spell your last name for the record? >> It's Christopher Juknick. J U C H N I K. >> Okay. And Mr. Chucknick, I believe you

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were also before this board and testified and accepted as a professional part. >> Yes, I was. Mr. and your uh slice still in full force in effect. >> Yes, it is board stipulates. >> Great. Thank you again, Mr. Chairman. Uh so, Mr. Tick, uh if you could briefly

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touch on and I don't think we need to go through all the architecturals and I think again the Collier's letter does a great job outlining uh the changes that were made at one of the previous hearings by the board. Yeah, there was some concern on on the sharing of the

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garage being common um and um some of the utilities being common and some of the other things we had shown down in the storage we had in in the ground floor level I should say. Um so we we took that to heart. Uh so what we did was we we went ahead and segregated the

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garages into two. So now you will have um one side um tandem parking, one outside, one inside for one one of the apartments, one inside and one outside for the other apartment. Um the downstairs is now going to be used strictly for storage. And it is only for

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the first floor unit. In other words, the ground floor and the first uh second floor, excuse me. We call that the first floor of the first apartment. Um and u it does have a sliding door that goes to the backyard for convenience and only the half bath. Um, and again, we're only

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calling that entire area storage. So, at at one point, we were considering possibly a recck room and a study, but we've eliminated all of that. Um, and um, that was basically what we had done um, with the board's um, ideas. >> Okay. And other than the stories as

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mentioned by Mr. Khan, complete compliance with all code requirements. >> That is correct. Yes. >> And I assume also that the facades will so they're not >> looking at the exact same cookie cutter. >> Yeah. No. So, we're definitely going to me uh we're going to definitely do

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something with the colors. Um we do have uh some accents that we can um we're going to do a little bit uh different accents on all of them. There will have the same basic shape um but the colors will be different and the accent um trims will be different.

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>> Good. So, so that they're complies generally with what they call the lookalike type provisions. >> That is correct. >> Great. And again complying with all uh fire access and other codes. >> That is correct. Yes. >> Okay. No further questions, Mr. Chairman.

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>> Okay. Questions from the board. >> Sir, do you know where the other building, the old house used to be, Dr. Kristoff's house? Do you know what? >> Unfortunately, I do not know. I do not. >> Okay. Thank you. >> Before the barn or or before the big garage or after the big garage?

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>> Yes. I was just curious, will it be in the same area as distance from the street? My recollection is that that house was back a bit and then because I remember coming in a number of years ago for that garage. >> Yes. >> Um but I think these will be pretty much

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in line with the other two families that are along Chestnut. >> Okay. >> Yeah, that's correct. I think I do remember an old Google image that had that all the way back. That one I believe was further back. >> Okay. >> But these are like like like we said, they are in line with the rest of the houses.

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>> All right. Thank you. Any other questions from the board? Questions from the public? Thank you very much. >> Thank you. >> Thanks, Chris. And I'd now like to call recall our professional planner, John Taikina.

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>> Do you swear the testimony about to give the truth, the whole truth, and nothing but the truth? >> I do. >> All right. Mr. Tina, your professional planner, as chairman has been kind enough to stipulate, your professional planning license is still in full force in effect. It is just renewed it last Monday. >> All right, great.

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>> Congratulations. Board stipulates. >> Yes. So, uh I know that you have been here through the various iterations, the four lot major subdivision and the three lot major subdivision and now we have a two lot minor subdivision. If and we know there's minor relief being sought

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in connection with this application, that being there are uh two two family homes proposed in a two family zone. briefly provide the planning justification for the minor relief that we're sought here. >> Certainly. So, uh we do re require relief for a three-story uh home or

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twotory uh structure is permitted. Uh this would be a C2 variance uh where we believe the benefits are going to outweigh the detriments. The case law is Poland visa playing field. We want to look at the overall uh benefits of the project as it compares to uh any

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potential negative detect that might occur by a three three-story building here. Uh in this instance, uh the benefits as a whole, the applicant provides a compliant use with housing that's very consistent with the immediate neighborhood. that RB district that exists uh right there just south of

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of Route 22 uh is virtually entirely uh two family homes uh of a various uh sizes and shapes. We have some threetory, we have some twotory, and we have some one-story that kind of sprawl across the lot. Uh we think this is a better plan uh that fits into the uh the

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topography there. As Chris testified and and Adon testified, we do have a little bit of a slope as we go back. So we think by kind of fitting the that lower level into the into the hill a little bit uh first of all we comply with the height uh foot limit uh which is the

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story issue and it allows us to park underneath uh the building much more efficiently and be able to provide sufficient uh room especially by providing the additional five feet that we just testified to to make sure that we back out uh we we turn around safely

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and we're able to turn out onto Chestnut uh more safely there. We think that site design better accommodates uh the traffic and parking that's necessary for the use and we think the aesthetic is uh is consistent with uh with what's in the neighborhood. Um while we are three

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stories, uh as I said, we do fit into the hill and the the two family home immediately uh to the side of us is a two-story home, but it's perched 15 feet up on top of the hill. So, uh we're not going to loom over them. They're actually going to loom over us. Uh so

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again we're we're not going to have any negative impact there. Uh in terms of uh advancing the purposes of municipal land to you there are two uh purpose E to promote the establishment of appropriate population densities and concentrations that contribute to the well-being of neighborhoods and the preservation of

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the environment. We're not seeking a density variance. These are two family homes in a two family district on uh significantly oversized lots. Um and then uh we also have uh purpose M to encourage the coordination of the various public and private procedures

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affecting land development with a view toward lessening the cost of that development and to the more efficient use of the land. We think that by coming down to the two uh two lot subdivision, we're able to uh make sure we continue to coordinate with the with the county on Chestnut Street to make sure that we

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uh access the street safely uh in and about that the traffic that is there. we're able to fit the driveways in at the appropriate distances and we think by coordinating that that is certainly uh the most efficient way to access the site um and utilize it efficiently between the state and the county

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roadways there. Um the uh final criteria is a negative criteria. We're going to have a substantial detriment public good or to the zone plan and the master plan. We'll have no detriment to public good. These homes are going to fit right into the right into the hill there. Uh again, we're just going to park underneath them

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very consistent with uh other homes along Chestnut and homes uh as we go up the side street there. Um we have all uh compliant setbacks and buffers. There's no other relief required and the lots are significantly oversized. In terms of your master plan, the 2021 master plan

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and the 2024 uh re-examination both speak to maintaining the character of existing residential neighborhoods and specifically requiring infill development to be compatible and to meet setback requirements. Additionally, the plans have a goal to support desirable development. Under that goal is an

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objective to encourage the reuse of vacant properties that is in character and reduces traffic. So again, the proposed two family homes on the street do not impair these goals. uh it's permitted use in the district. We think the minimal height relief will allow us to most efficiently access and park the

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site and for these reasons I believe they have the ability to grant the requisite relief. I'm available for your questions. >> Thank you, Mr. Tina. Uh no further questions at this time, Mr. Chairman. >> Questions from the board, >> questions from the public.

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>> All right. >> We have no further witnesses at this time, Mr. Chairman. Any that have testified so far here if the board has further questions. Okay. Uh, comments from the board, comments from the public. Okay. With that, can I get a motion to approve the

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application 2024-09 amended um with the condition that Mr. Dave put into place with regards to the driveway. >> Moved by Miss Khan, seconded by Mr. Alexander. Roll call, please. >> Chairman Lang, >> yes.

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>> Mr. Alexander, >> yes. Miss Espinosa, >> yes. >> Mr. Frame, >> yes. >> Miss Khan, >> yes. >> Thank you very much and truly appreciate the board working with us over the time and the board professionals and

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municipality to get this project moving. Look forward to development there. >> Thank you very much, Mr. >> Have a great night. >> All right. All right. With uh no further new business, can I get a motion to adjurnn? >> Moved by Mr. Fra. Is there a second? Second. >> Seconded by Mr. Alexander. All those in

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favor say I. I. Meeting adjourned.