LEGAL NOTICE

LEGAL NOTICE HOBOKEN ZONING BOARD OF ADJUSTMENT RESOLUTION OF APPROVAL APPLICATION OF MELISSA BECK("Applicant") Block 158.02, Lot 23 115 Willow Court, Hoboken, New Jersey Application No. HOZ-25-7 WHEREAS, Melissa Beck (the "Applicant") filed an application with the Zoning Board of Adjustment ("Board"), City of Hoboken, County of Hudson, State of New Jersey for bulk variance relief in connection with the proposed expansion of the residential dwelling located at 115 Willow Court, Hoboken, New Jersey, 07030, designated as Block 158.2, Lot 23 on the City of Hoboken's Tax Map (the "Property"); and WHEREAS, Brian Kappock, Esq. represented the Applicant; and WHEREAS, the Applicant's professionals, Frederick Cooke, RA and Kristen Russell, PP, AICP, provided sworn expert testimony at the hearing; and WHEREAS, the Board Planner, George Wheatle Williams, PP, AICP, was present at the hearing; and WHEREAS, the Board heard and considered the sworn testimony of Melissa Beck; and WHEREAS, the following documents were submitted to the Board and are part of the record: • Application for Development dated April 16, 2025 • Neighborhood Impact Planning & Zoning Report dated June 6, 2025, prepared by Kristin Russell, AICP, PP of Colliers Engineering & Design • Copy of recorded deed dated February 27, 1997 • Elevation Certificate dated August 16, 2006 • Survey prepared by Caulfield Associates, LLP, dated June 27, 2024 • Architectural Plans prepared by Frederick Cooke dated July 16, 2025, consisting of sheets G-001 (cover sheet), G-002 (200' tax lots), A-001 2 (general notes-residential), A-101 (Plans), A-201 (Elevations), A-501 (Details), A-502 (Details), A-503 (Details), A-504 (Details), A-505 (Details), A-601 (Diagrams), M-001 (Mechanical Lead Sheet), M-002 (Mechanical Diagrams, P-001 (Plumbing Lead Sheet), P-601 (Plumbing Diagrams), E-001 (Electrical Lead Sheet), E-101 (Electrical Plans), AD-101 (demolition Plans); and WHEREAS, the Applicant submitted proof of publication and notification, by mail or personal service, at least 10 days prior to the date set for public hearing on all persons within 200 feet of the extreme limits of the subject Property, as set forth on a certified list of said owners furnished to the Applicant by the Tax Assessor of the City of Hoboken, and the Applicant provided proof of service of such notice in accordance with the Land Use Ordinance of the City of Hoboken, as amended and supplemented, and the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163; and WHEREAS, the Board considered the application, documents and testimony presented during the hearing held on September 16, 2025 and thereafter, the Board voted to approve the application; and WHEREAS, after considering the application, documents and testimony, the Board makes the following factual findings and conclusions of law: TESTIMONY OF MELISSA BECK 1. Melissa Beck is a special education teacher in Jersey City and has lived in Hoboken for 44 years, with approximately 35 years at her current residence. Her goal is to convert her third-floor attic space that is currently used for storage into a studio or art room with a skylight. She described the existing attic as cramped and claustrophobic and testified she looks forward to having a bright, open area to paint rather than working in her kitchen under a skylight. 3 TESTIMONY OF FREDERICK COOKE 2. Frederick Cooke, RA, a licensed architect of the State of New Jersey, was qualified and sworn prior to testifying on the application. 3. Mr. Cooke prepared and submitted an architectural plan dated 7/16/25. 4. The Applicant is not adding a third floor. As described by Frederick Cooke, AIA, the Applicant proposes to increase the square footage of the existing third-floor to accommodate a studio. MS. Beck is an artist who plans to retire and desires the studio for her artwork. 5. No major changes are proposed at the ground floor. Ms. Beck will relocate a washer/dryer on the second-floor to add a water tank. The third floor will be expanded from 160 square feet to 288 square feet. A skylight and staircase to access the air conditioning unit on the roof is proposed. 6. The existing asphalt roof will be lifted up to in order to increase its angle so that it becomes more like a mansard roof. The Applicant is adding a bay window that will have three operable windows in lieu of one window. The Applicant shall, as a condition of approval, fully comply with the City of Hoboken's zoning Ordinance governing bay windows and shall apply for and obtain any and all additional approvals that may be required from the City of Hoboken. Reference is made to Section 168-4 of the City of Hoboken's ordinance, without limitation. 7. The brick in the proposed raised portion of the building will match the match the existing brick exterior of the dwelling. 8. The proposed roof will be for mechanical use only, accessible by hatch with skylight, and is not for outdoor resident use. TESTIMONY OF KRISTIN RUSSELL PP, AICP 9. Ms. Russell provided planning testimony, under oath, in support of the bulk variances applied for by the Applicant. a. The project involves a third-floor addition to an existing home on a small lot, requiring two variances. 4 b. The existing home is located on a 625 square foot lot, which is undersized for the R-1 zone. The lot is measured as 12.46' in width by 50' in depth. c. Pre-existing conditions include lot area, lot width (12.5 feet where 20 feet is required), lot depth (50 feet where 100 feet is required), lot coverage (70% where 60% is allowed), and rear yard setback (14.6 feet where 15 feet is required). d. The proposed addition will not change the existing footprint and will maintain the current encroachments. e. The variances are justified based on the unique characteristics of the lot and the intent of the Municipal Land Use law, N.J.S.A. 40:55D-1 et. seq. f. A C-1 variance is sought due to exceptional narrowness and shallowness of the lot. g. The project aligns with the goals of the Municipal Land Use Law, promoting public health, safety, and welfare. h. The addition is consistent with the historic character of the neighborhood and does not conflict with neighboring municipalities' development. i. The proposed addition will not negatively impact the public good or the intent of the zone plan. j. Other homes on the block have similar vertical additions, indicating community acceptance. k. The existing coverage and rear yard deficiencies are preexisting and will not worsen. l. The project supports the community's need for more living space while preserving the historic structure. m. The project aligns with the recommendations of the Master Plan, despite the lack of formal zoning changes. n. The Master Plan acknowledges the unique nature of the Willow Court neighborhood and suggests zoning changes to protect its character. 5 o. The proposed rear yard setback of 14.6 feet would comply with the recommended standards had they been adopted. p. The modest expansion reflects existing patterns in the neighborhood and maintains the architectural integrity of the area. q. The proposed project promotes the following purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et. seq. • Purpose A (to encourage municipal action to guide the appropriate use or development of all lands in the State and to promote the public health, safety morals and general welfare; • Purpose D (to ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities); • Purpose I (to promote a desirable visual environment. r. Ms. Russell testified the benefits of allowing the property owner to create a more functional home and stay in place is a benefit to the community. The variance will not substantially impair the intent and purpose of the zone plan. One of the goals of the City's Master Plan is to conserve the architecture, scale and grain of residential blocks and street patterns to reinforce the residential character of the district. The modest third-floor expansion is reflective of other expansions that have taken place on the block. It allows the historic building to remain intact, useable, livable, without making further encroachments into the lot footprint. 10. The project adheres to the Floodplain Administrator's requirements as outlined by Ann Holtzman. In her review letter, Ms. Holtzman stated, without 6 limitation, that "the specific scope of work proposed with this application, expansion of the 3rd floor, does not create a substantial improvement that would trigger full compliance with the Flood Damage Prevention Code." There is no work proposed below the design flood elevation. The interdependence of the buildings on Willow Court and the historic nature of the block limits the feasibility of elevating a single-family home to comply with the Flood Damage Prevention Code. Raising the building would result in total destruction of the existing row house and the likely destruction or substantial damage of adjacent homes. Vacation of the 1st floor would disrupt the historic character of the block frontage. As further stated by Ms. Holtzman, the Applicant is not exempt from complying with other flood damage prevention and building code requirements where applicable: • All new and replacement utilities shall be elevated above design flood elevation (DFE); • Any new or replacement mechanical equipment shall be elevated above locally designated DFE; and • If ground floor waste lines are exposed or updated in any way, backflow prevention shall be installed on those lines. S. No changes to existing utilities are proposed in connection with the application. T. Mechanical equipment will be elevated; the water tank will be moved to the second floor, and HVAC will be on the roof. U. Waste lines will remain unchanged. V. In the row of 16 homes on Willow Terrace, 11 have already undergone similar third-floor expansions. W. The existing footprint of the house will not change; only the top floor is being modified. X. Drainage will remain the same, with minor adjustments to the existing rear downspout. 7 Y. No changes to exterior lighting or front bricks; the cornice will remain intact. Z. The current window units will be replaced with mini-split systems for air conditioning. CONCLUSIONS OF LAW The Board has made the following ultimate findings and conclusions based upon the foregoing findings and facts: a. The Board accepted and adopted the testimony of the Applicant's Planner and Architect and found the testimony to be credible. The Board found that the addition is minor and is precipitated by the undersized lot. The proposed addition of 135 feet is minor. NOW THEREFORE, BE IT RESOLVED BY THE BOARD THAT THE APPLICANT IS GRANTED BULK VARIANCE RELIEF AS DESCRIBED HEREIN PURSUANT TO NJSA 40:55D-70(c)(1), SUBJECT TO THE CONDITIONS SET FORTH HEREIN. Specific Conditions/Restrictions Imposed by the Board 1. The Applicant is adding a bay window that will have three operable windows in lieu of one window. The Applicant shall, as a condition of approval, fully comply with the City of Hoboken's zoning Ordinance governing bay windows and shall apply for and obtain any and all additional approvals that may be required from the City of Hoboken. General Board Conditions: 1. The Applicant shall comply with the conditions of the Board as stated herein and as contained in the record, to the extent applicable. 2. Revised plans, to the extent required, shall be submitted to the Board and the Board professionals for review and approval. 3. To the extent required by the Municipal Land Use Law, the Applicant shall provide a performance bond and maintenance bond. A Developer's Agreement, if required 8 pursuant to the Municipal Land Use Law, shall be entered into between the City of Hoboken and the Applicant. 4. When applying for a First Certificate of Zoning Compliance, a copy of the signed resolution and board-approved plans must accompany the zoning application. 5. No certificate of occupancy will be issued unless all inspections have been performed, passed, and all prior approvals have been satisfied, which includes compliance with all conditions imposed by the Board. Prior to the issuance of a certificate of occupancy, the Applicant shall satisfy all amounts due and owing to the Board's professionals. 6. The Applicant shall comply with any and all Federal, State, County and local laws, ordinances, codes, rules and regulations with respect to all aspects of the project, property and proposed use, and with all such applicable laws and codes, and shall be responsible for all costs and fees associated therewith. 7. The Applicant shall obtain all appropriate and applicable approvals and permits as required from all governmental agencies having jurisdiction over the project or the subject matter of this Application and shall comply with each and every requirement of every issued approval or permit and shall be responsible for all costs and fees associated with such approvals. As stated herein, before any permits are applied for, the Applicant shall determine whether there are any open permits or violations for the Property and resolve any such issues to the satisfaction of the Zoning and Construction Officials. If there are any open permits or violations, no new permits shall be issued until the open permits and violations are addressed to the satisfaction of the Zoning and Construction Officials. All sums, fines and penalties assessed by the Zoning Official/Hoboken Building Department shall be paid as may be due or otherwise adjusted, with the Zoning Official/Hoboken Building Department, prior to the issuance of permits. Zoning Certification. 8. The transcript constitutes the full record and is incorporated herein by reference. The Resolution of Approval is a mere synopsis of what occurred on the record. In the event of any discrepancy between this Resolution and the transcripts, reference shall be made to the transcripts in order to resolve any such discrepancy. 9. If any other government approvals substantially modify the approved plan, same will trigger a return to the Board. 9 10. The Applicant shall comply with the comments of the Zoning Board Engineer, Zoning Board Planner, Floodplain Administrator Zoning Board Attorney and Board, as stated in this Resolution and on the record. 11. The Applicant shall comply with all applicable laws and regulations, including the payment of the non-residential development fee, if applicable, pursuant to the Municipal Land Use Law, NJSA 40:55D-1 et. seq. 12. The Applicant shall comply with the Development Fee Ordinance of the City of Hoboken, if applicable, which Ordinance is intended to generate revenue to facilitate the provision of affordable housing. 13. All new lighting proposed will be dark-sky compliant. 14. If there are any proposed or anticipated changes/substitutions to the building materials and/or methods of construction, the Applicant shall return to the Board for approval and construction shall not commence until the Applicant secures such approval from the Board. 15. A First Certificate of Zoning Compliance may not be issued by the Zoning Officer until the Zoning Board Secretary confirms, in writing, that all Board conditions have been satisfied. It is the Applicant's obligation to ensure all conditions have been satisfied and resolution compliance achieved prior to applying for First Certificate of Zoning compliance. The signed compliance letter from the Board Secretary shall be a precursor to applying for a First Certificate of Zoning Compliance. 16. The Property shall be developed with the proposed use and in accordance with the current plans and renderings submitted to and approved by the Zoning Board, except as modified by the Board as set forth herein and in the record. 17. No Certificate of Zoning Compliance shall be issued unless the Applicant maintains a sufficient escrow and all outstanding amounts due to the Board's professionals have been paid. The City Engineer shall determine the escrow in order to cover the Compliance Inspection. 18. The Zoning Board hereby directs the City Engineer to determine the Applicant's compliance with the foregoing Resolution and grants the authority to approve de minimis field changes or changes to address conflicts with utilities and require corresponding amended site plans. 10 19. The Applicant shall comply with all eviction laws, to the extent applicable. 20. The proposed project shall be constructed in accordance with the approved plans. 21. Acceptance of Resolution of Approval: If Applicant begins any activity approved by this Resolution, Applicant thereby accepts all conditions set forth in this Resolution in their entirety, and the responsibility to comply with the terms and conditions of this Resolution. If Applicant does not accept or agree with all conditions set forth in this Resolution, Applicant shall not begin construction, or any other activity approved by this Resolution. 22. The Board Engineer and Board Planner are to submit a memo, to be attached as an exhibit to this Resolution, identifying all unmet comments or technical commitments made during the hearing. NOW THEREFORE, BE IT RESOLVED by the Hoboken Zoning Board that the Application for bulk variances, as described herein, is granted for the reasons set forth in the record and described herein. NOW, BE IT FURTHER RESOLVED, by the Zoning Board of Adjustment of the City of Hoboken, County of Hudson and State of New Jersey, on the 28th day of October, 2025, the Application of Melissa Beck is hereby approved subject to the terms and conditions described herein and in the entire record. Roll Call on Motion to Approve Motion 2nd Yes No Abstain Absent Recused Amy Faucher X Steven Firestone X David Gavant X X Arthur Kuyan X Aimee Martin X Owen McAnuff X X Karen Platt X John Branciforte X Leonardo Acevedo Maureen Monroe Daniel Perez 11 Roll Call on Memorialization: Motion 2nd Yes No Abstain Absent Recused Amy Faucher x x Steven Firestone x David Gavant x Arthur Kuyan Aimee Martin x x Owen McAnuff x Karen Platt x John Branciforte x Leonardo Acevedo Maureen Monroe Daniel Perez BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Applicant, Zoning Officer and Tax Office of the City of Hoboken; and BE IT FURTHER RESOLVED that the Chairman and Secretary of the Board are hereby authorized to affix their signatures to this Resolution granting bulk variances, as set forth herein, and the Secretary of the Board is authorized to send certified copies of this Resolution to the Construction Code Official and to the Applicant's attorney, Brian Kappock, Esq. /s/_Steven Firestone Steven Firestone, Chairman Zoning Board of Adjustment of the City of Hoboken 12 CERTIFICATION I hereby certify this to be a true and accurate copy of the resolution approved and adopted by the Hoboken Zoning Board of Adjustment, Hudson County, New Jersey, at its meeting held on October 28, 2025. _________________________ Patricia Carcone Zoning Board of Adjustment Secretary November 13 2025 LNYS0405608 $341.00