Jersey City Zoning Board Meeting - September 29, 2025

The Jersey City Zoning Board of Adjustment met on September 29, 2025, at 9:02 PM to hear two appeals of the zoning officer's denial of demolition permits. The first appeal involved properties at 240-250 Newark Avenue, and the second involved the PSE&G substation at 1051 Garfield Avenue. The board also held a brief executive session at the start of the meeting.

Public Comments & Testimony

• No members of the public spoke during either hearing. The chair asked for public comments before each case and received none.

Discussion Items

Case Z2025-0059 & Z2025-0060: 240-250 Newark Avenue – Demolition Appeal

• Applicant's Position (Tom Lean, attorney; Dennis DeVino, architect): Argued that the demolition permits were improperly denied. Raised three grounds: (1) the city's demolition ordinance (Ordinance 25006) violates the Municipal Land Use Law (MLUL) by allowing the historic officer to refer properties to the Historic Preservation Commission (HPC) without prior designation as historic; (2) the historic officer's memo was issued 48 days after application, exceeding the 45-day requirement; (3) the properties do not meet the seven criteria for historic designation under the ordinance – they are not in a locally designated historic district, have lost all historic fabric, and are functionally obsolete wood-frame structures. DeVino presented comparative photos from 1938 and today showing removal of cornices, brackets, siding, and storefronts. He argued the buildings have been stripped of any historic character and are merely old, not historic.
• Staff Position (Michael LaPaglia, historic preservation specialist): Supported the HPC's recommendation to deny demolition. Stated the properties are within the boundaries of eligible historic districts (Italian Village and Lower Newark Avenue) as noted in the master plan, even though not locally designated. Argued the buildings retain integrity of location, setting, feeling, and association. Noted that superficial changes (vinyl siding, replaced windows) may not preclude historic significance and that original materials may be underneath. The HPC voted to recommend denial on July 14, 2025.
• Commission Discussion: Commissioners debated whether the board had jurisdiction to address the ordinance challenge (deemed beyond scope) and focused on the criteria. Some commissioners noted uncertainty about the buildings' historic value but acknowledged staff's recommendation. The board ultimately voted to deny the appeal, upholding the zoning officer's denial of demolition.

Case Z2025-0061: 1051 Garfield Avenue (PSE&G Substation) – Demolition Appeal

• Applicant's Position (Robert Vertebello, attorney; Frank Di Giacomo, project manager; Caleb Peterson, project engineer; Noreen Moraner, project planner): Argued that the existing substation (built 1907-1909) is functionally obsolete. PSE&G needs to upgrade the facility to meet growing power demands in Jersey City (including AI and development). The existing building cannot accommodate modern gas-insulated equipment (GIS) due to size, load, and safety constraints. Retrofitting would require removing the roof, digging 30x30x15-foot holes under the foundation, and risking structural damage. The building is not in a flood zone, but the new design would be taller and have a smaller footprint, with a neoclassical facade to respect the area. The mayor requested a fully enclosed wall. The station serves 14,600 customers and is interconnected with other substations; failure to upgrade could lead to brownouts. PSE&G explored other sites but found no willing sellers. The historic preservation master plan does list the substation as eligible for National Register, but it is not a designated local landmark. The applicant asked the board to balance historic preservation against public utility necessity.
• Staff Position (Michael LaPaglia): The HPC recommended denial of demolition on July 14, 2025, citing the building's architectural significance (Renaissance Revival style, Palladian windows) and good condition. The building is listed in the 2024 historic preservation master plan element and was identified in 1985/1986 surveys. However, staff acknowledged that the building's setting has been diminished by modern development.
• Commission Discussion: Commissioners noted that this case differed from the Newark Avenue case because the substation's use requires replacement. The building is functionally obsolete for its current use. The board considered the public need for reliable energy. A rendering of the proposed new building was shown, but discussion was limited to the demolition appeal. The board voted to affirm the appeal, allowing demolition.

Key Outcomes

• Case Z2025-0059 (240 Newark Avenue): Motion to deny the appeal (i.e., uphold the denial of demolition) carried 5-1 (Commissioner Allen voted no). The board affirmed the zoning officer's decision to deny the demolition permit.
• Case Z2025-0060 (250 Newark Avenue): Motion to deny the appeal carried 5-1 (Commissioner Allen voted no). Same outcome as above.
• Case Z2025-0061 (1051 Garfield Avenue): Motion to affirm the appeal (i.e., overturn the denial of demolition) carried 6-0-1 (Commissioner Shadid abstained). The board approved the demolition permit, allowing PSE&G to demolish the existing substation.
• The meeting adjourned without any resolutions to memorialize.