Zoners Hear Mixed Bag of Cases

Four new members of the Zoning Board of Adjustment got a crash course in land use rules when the board heard several unusual applications on March 5.

Jim Spear, Mary Burgwinkle, Rich Sudol and Charles McRae were named to the board  in January, joining Chairman D. Scott Belin, Vice Chairman Alex Ruiz and members Melvin Cody, Robert K. Graham and Frank Johnson. All but Graham and Johnson were present on March 5.

The Queen City Charter School was up first, ostensibly to seek permission to remove an eight-foot chain link fence and replace a banner on the school, but the application unraveled when director Danielle West made an impassioned speech about not wanting to pay the cost of a new fence and sign. She said the estimated $30,000 tab was "too much" and she didn't want to take the money from "students' mouths."

The chain link fence had been cited  by Zoning Officer Bill Nierstedt as not a permitted use and the banner did not conform to city codes. The charter school at West Eighth Street and Grant Avenue had agreed to replace the chain link fence with a six-foot ornamental fence and the banner with a sign that exceeded size regulations.

But as the board and an attorney for the applicant discussed how to settle the case, West continued to protest the cost and her desire keep the eight-foot fence, which was in place when the school acquired the former Temple Sholom about 10 years ago. The banner, which Belin called "a big red eyesore," was needed to cover up religious symbols carved into the side of the building. The school's business administrator, Michael Derderian, said filling in the carved symbols and lettering would not work and they had to be covered up. The proposed new sign would be aluminum with vinyl lettering but exceeded the permitted size.

West said she previously agreed to the changes, but told the board that when she saw how much the school would have to expend, "I advocated for my students."

With no agreement in sight that evening, Nierstedt said the school could come back with an amended application in April or May and the Queen City representatives decided to withdraw the one before the board.

Next up, Dawn to Dusk Christian Child Care & Learning Center sought approval to expand the existing day care center with one additional classroom for 15 children. In zoning parlance, they were asking for a use variance, relief from parking requirements and preliminary and final site plan approval. The center had received a use variance in 2007 for accommodating 120 children, but was only using space for 105. Now that funding for the additional classroom was in place, the center was able to expand.

As an Abbott district, Plainfield receives funding for pre-school education. Director Kemi Keyede explained that the district was losing two providers, which freed up funding for her center. In addition, she said the school board gets cited if it does not have enough classrooms to serve mandated students.

The board discussed how the building at 1500-1512 would be altered to add the new classroom. Burgwinkle said she had driven by the school several times to observe the parking situation and noted there were no markings where parents pull up. The board agreed to approve the new classroom and to require  the markings.

Besides the zoning issues, it came out in testimony that the presence of the center had changed the neighborhood for the better by driving away drug activity in and around Rushmore Park. (The presence of a school brings additional legal penalties to anyone dealing or using drugs.) Operating from 7:30 a.m. to 5:30 p.m., the center also benefits working parents.

Cody, a longtime member and official of the Rushmore Avenue Block Association, said the center had brought "a large improvement" to the neighborhood and was "really a blessing to the city of Plainfield."

Belin said he grew up in the neighborhood and had seen it change over the years.

"Now it's changing for the better," he said.

Parent Mahmoud Assaf said his three children attended the school and it had "cleaned the neighborhood" with its presence. He also applauded the center's goal of retaining the early childhood funding.

The third application on March 5 was for a "certificate of nonconformity" for retail/commercial use at a building in the North Avenue Historic District. Daniel Rivera and Mario Camino and their attorney, Jay Bohn, were able to use architectural documents from the city and Plainfield Public Library's archive to prove that the building at 130-32 North Avenue had a commercial use on the first floor and six apartments on three upper floors. Bohn used permits from 1939, 1940, 1977, 2002 and 2004 to prove the point.

It turned out the Belin had been inside the building in the 1980s and knew about the apartments. After testimony on the continued use, Spear said, "I think the man's made his case."

After that relatively easy approval, the board ended  up with a real puzzler in a "zoning interpretation" for 430-432 West Second Street. As zoning officer, Nierstedt had issued a violation notice for outdoor storage when there was no main structure. Outdoor storage without a building is not a permitted use, Nierstedt told the board.

But attorney Robert Ferb, representing Venus and Al Hannah, said the building they bought in 1974 was destroyed and not restored. The outdoor storage consists of a tow truck, a garage and a container. The Hannahs are in litigation with the city over ownership, as they said they paid back taxes, but the city had not returned the title. Ferb said the Hannahs intend to rebuild but have to wait for the dispute with the city to be settled.

Board attorney Peter Vignuolo cautioned against making a ruling based on an individual case.

"If the board makes an interpretation, it will apply globally to the city," he said.

"We need to find a remedy, but not an interpretation," Belin said as the hearing wore on.

Ferb suggested the garage had an auto shop that might be considered a principal use, but Nierstedt said it had to be based on ownership.

"Should I actually be issuing a violation to the city?" Nierstedt asked.

"A city is not subject to its own zoning," Vignuolo said.

After more discussion, Belin said, "The client needs to do research. We need to do research. I really don't think it's an interpretation."

With no clarity on how to proceed, the matter was carried to the April 2 meeting.

Both new and old members of the Zoning Board of Adjustment will be able to bone up further on land use regulations and issues at a joint meeting of Zoning and Planning boards, the Historic Preservation Commission and the Shade Tree Commission. The meeting is 9 a.m. Saturday in City Hall Library and is open to the public as well.

--Bernice