Zoning board approves conversion of 22 Smull Avenue to two-family residence

The Caldwell Zoning Board of Adjustment voted 7–0 on Feb. 4, 2026 to approve Application Z25-007, allowing the conversion of the mixed-use building at 22 Smull Avenue into a two-family rental unit.

Attorney Robert Gaccione introduced the application on behalf of property owners Kallanxhi Brothers (Gerti and Arion Kallanxhi). The proposal would convert the first-floor commercial space into a residential unit, which requires a D variance because first-floor residential is not permitted in the OR/C Office Residential Character Zone. The board was told the D variance requires five affirmative votes; the C variances for bulk, described as pre-existing and nonconforming, require a simple majority.

Owner Gerti Kallanxhi testified that he purchased the property from the Borough in August 2025 and that he is a general contractor by trade. He said the conversion would be accomplished through interior work only and that existing exterior doors and the front porch would remain. “A two-family residence is a better investment. It is more difficult to find commercial tenants,” Kallanxhi said, explaining the applicant’s rationale.

Architect Emanuel Kavrakis described the proposed interior layout: the first floor would be fitted with a kitchen, bathroom and two bedrooms and the second-floor unit would undergo modest kitchen and bathroom renovations, with the attic bedroom served by a full stair. He said the building already provides six parking spaces (four behind the residence and two in the garage), effectively three spaces per unit, and that no additions to the building footprint are proposed. Kavrakis also said there is no corral for trash storage and that occupants will bring receptacles to the curb for collection.

Planner Emanuel Kauker referenced an aerial exhibit and the borough’s planning documents, including the Borough Master Plan and the 2017 re-examination, and argued the proposed two-family use is less intense than the prior mixed-use occupancy and is consistent with surrounding residential properties. Kauker stated the application meets the D-1 variance benchmarks in part because of the existing parking and the property’s compatibility with neighboring uses.

Board engineer Mr. Hauben noted the driveway width measures about 8–10 feet where 12 feet is typical; the board clarified the 12-foot standard does not apply to residential driveways. The applicant agreed to signage for the four rear parking spaces, to widen the third-floor office entrance so it can serve as a bedroom, to remove a closet as discussed, and to prohibit separate garage rentals. Mr. Cosgrove reiterated those conditions on the record before the vote.

After deliberation, Board member Ms. Sules moved to approve the application; Ms. Marinucci seconded. The roll call vote was recorded as: Ms. Sules — yes; Mr. Tober — yes; Ms. Marinucci — yes; Ms. Corliss — yes; Mr. Porcello — yes; Mr. Irwin — yes; Mr. Camerino — yes (7–0–0). The board’s approval was subject to the conditions restated on the record. The application file will be updated with the board’s conditions and any required municipal permits will be handled through the borough’s normal permitting process.

The board then moved to the next agenda item.