Planning Board

JULY 24TH, 2019 PLANNING BOARD MINUTES The City of Passaic Planning Board held a regular meeting on July 24th, 2019 in the Council Chambers, City Hall, 330 Passaic Street and opened the meeting at 7:38 p.m. by requesting a roll call. The invocation was given and all recited pledge of allegiance. ROLL CALL: Present Absent Councilman Daniel Schwartz Acting Chairman √ Francine Wise √ Kenneth A. Simpson √ Edwin Perez √ Jessica Delacruz √ Sardis Cruz-Perez √ Adam Diaz --- --- Vacancy Alternate I --- --- Peter T. Rosario Alternate II --- --- Jose A. Vargas Vice Chairman √ Maritza Colon-Montañez Madam Chair √ ALSO PRESENT: Louis P. Rago, Esq., Board Attorney ____√_______ David Troast, P.P., AICP, Board Planner ____√_______ Julio Santana, Zoning Officer ____√_______ Ricardo Fernandez, Executive Director ____√_______ APPLICATIONS: 1. Recommendation for Area in Need of Redevelopment/Rehabilitation according to the criteria set forth in section 5 of P.L. 1992, c.79 (C.40A:12A-5) for the following properties: Block#2179 Lot #26 170 Myrtle Avenue Block#2147 Lot #23 72-74 Park Place Block#3220 Lot #29 441-443 Paulison Avenue Item #1 of the agenda was read in the record. Mr. Ricardo Fernandez, Executive Director was sworn into the record. He presented the AINOR Plans as listed in the agenda. Acting Chairman Schwartz opened the public portion of the hearing. A motion to close public portion of the Recommendation for AINOR hearing all the properties listed on agenda item #1, was made by Councilman Schwartz seconded by Commissioner Perez, on a roll call vote, all in favor, the motion passed. A motion to recommend AINOR Plan for 170 Myrtle Avenue, was made by Commissioner Perez, seconded by Commissioner Cruz-Perez, on a roll call vote, all in favor, the motion passed. 1|P a g e JULY 24TH, 2019 PLANNING BOARD MINUTES A motion to recommend AINOR Plan for 72-74 Park Place, was made by Commissioner Perez, seconded by Commissioner Simpson, on a roll call vote, all in favor, the motion passed. A motion to recommend AINOR Plan for 441-443 Paulison Avenue, was made by Commissioner Cruz-Perez, seconded by Commissioner Delacruz, on a roll call vote, five (5) in favor, one (1) abstained, the motion passed. 2. Docket #PB19-04, 129-137 Passaic Street, Block#1033 Lot#4, 5 & 6, in the CR-HD Zone, applicant 129 Passaic Street LLC is requesting preliminary & final site plan approval and variances to demolish an existing structure used as a commercial garage and construct a four-story building consisting of eight (8) commercial units fronting on Passaic Street and parking on street level and residential units consisting of ten (10) three-bedroom apartment and seven (7) four-bedroom apartment, with a total of seventeen (17) residential units. Additional variances are required for front yard, parking and lot coverage area and any other variances and/or waivers that may be required. Adjourned from June 12th, 2019 3. Docket #PB19-06, 588 Main Avenue, Block #1134, Lot #6, 14, 38, 40, 41 & 42, in the C-R Commercial/Residential Zone, applicant Emerald Green LLC is requesting an one year extension of approval received on December 14th, 2016 for preliminary and final site plan approval and dimensional variances. Item #3 of the agenda was read in the record. Mr. Gary Zalarick, Attorney for the applicant was present at the hearing. Mr. Zalarick reintroduced the application to the Board due to quorum issues expressed by L.Rago, Board Attorney. Mr. Frank D. Mileto, Licensed Architect & Planner of Longwood, NJ was sworn into the record. Mr. Mileto has testified before this Board on numerous occasions. Mr. Mileto continued with his testimony. Exhibit A-1 – Color Rendering of front elevation of 129-137 Passaic Street was marked into evidence. Mr. Mileto described the exhibit and proposed plan. Commissioner Simpson had questions regarding the Zoning Table on the Site Plan. D.Troast, Board Planner advised a condition of approval can be added to resolution if Board votes favorably on this application for applicant to submit revised plans. J.Santana, Zoning Official will review revised site plan for compliance. L.Rago, Board Attorney asked to review comments made by Planner & Mr. Perez who testified at the June 12th meeting. Commissioner K.Simpson had additional questions. Mr. Mileto states all apartment will be adaptable to accommodate ADA requirements. 2|P a g e JULY 24TH, 2019 PLANNING BOARD MINUTES Mr. Joseph Staigar, Licensed Civil Engineer of Chester, NJ was sworn into the record. Mr. Staigar presented his qualifications to the Board. The Board accepted his qualifications. Mr. Staigar continued with his testimony and addressed the Traffic Impact Study he prepared. D.Troast, Board Planner had comments for the Board about the Walkability Study. Madam Chair Colon-Montañez opened the public portion of the hearing. A motion to close public portion of the 129-137 Passaic Street hearing, was made by Commissioner Perez, seconded by Commissioner Simpson, on a roll call vote, all in favor, the motion passed. Commissioner Simpson had additional questions for Board Professionals. Commissioner Delacruz had concerns about Parking for the commercial units. D.Troast, Board Planner addressed her concerns and references the City’s Master Plan as it relates to Parking. A motion to approve 129-137 Passaic Street application wit conditions, was made by Commissioner Simpson seconded by Commissioner Perez, on a roll call vote, all in favor, the motion passed. 4. Docket #PB19-05, 37-49 Hoover Avenue, Block 4128, Lot 20 & 23, in the C Zone, Applicant Jorge Knudson for Cielito Bello, LLC is requesting preliminary and final site plan approval to add a second story to this existing one (1) story building located on lot# 20 in order to add four (4) residential loft units (Conditional use) on the newly constructed second floor and the existing four (4) offices and businesses to remain on the first floor. Additional parking on the adjacent lot# 23 will be added to be used in connection with the building on lot #20, along with any other variance and/or waivers that may be required. FIRST APPEARANCE Item #4 of the agenda was read in the record. Mr. Gary Cohen, Attorney for the applicant was present at the hearing. Mr. Joseph Vince, License Engineer & Planner of Oakland, NJ was sworn into the record. Mr. Vince presented his qualifications to the Board. The Board accepted his qualifications. Commissioner Simpson had questions about parking for residents. Commissioner Perez had questions about the pedestrian entrance for residents. Exhibit A1 – Hand Revised Site Plan for Gate for pedestrian walkway & entrance was marked into Evidence. Commissioner Simpson requested revised plans be submitted depicting the gate and walkway. 3|P a g e JULY 24TH, 2019 PLANNING BOARD MINUTES Mr. Fred Klank, Licensed Architect of Franklin, NJ was sworn into the record. Mr. Klank presented his qualifications to the Board. The Board accepted his qualifications. Exhibit A2 – Plans with Photographs added on Sheet #1 were marked into evidence. Mr. Klank described the plans. Exhibit A3 – Plans with Photographs added on Sheet #2 were marked into evidence. Exhibit A4 – Plans with Photographs added on Sheet #3 were marked into evidence. Commissioner Perez asked about access to the residential units by residents and patrons to the commercial units. Mr. Vince was recalled to testify. A waiver was requested by Mr. Vince, Engineer for the Trees in the front due to interference with utilities. Commissioner Simpson had additional questions for Mr. Vince. Exhibit A-5 – Google Earth Aerial Photographs, 3-Pages were marked into evidence. Madam Chair Colon-Montañez opened the public portion of the hearing. A motion to direct Board Attorney to draft favorable Resolution for the 37-49 Hoover Avenue application, was made by Commissioner Delacruz seconded by Commissioner Perez, on a roll call vote, all in favor, the motion passed. MINUTES: 1. Regular Meeting Minutes of February 13th, 2019 were presented by the Secretary for approval. A motion to approve the minutes of February 13th , 2019 was made by Councilman Schwartz, seconded by Commissioner Delacruz, on a roll call vote, all in favor, the motion passed. 2. Regular Meeting Minutes of May 8th, 2019 were presented by the Secretary for approval. A motion to approve the minutes of May 8th , 2019 was made by Councilman Schwartz seconded by Commissioner Delacruz, on a roll call vote, all in favor, the motion passed. 3. Regular Meeting Minutes of June 12th, 2019 were presented by the Secretary for approval. A motion to approve the minutes of June 12th, 2019 was made by Commissioner Perez seconded by Councilman Schwartz, on a roll call vote, all in favor, the motion passed. RESOLUTIONS: 4|P a g e JULY 24TH, 2019 PLANNING BOARD MINUTES 5. Redevelopment/Rehabilitation Plan for areas previously designated by the City Council as an Area in Need of Rehabilitation according to the criteria set forth in section 5 of P.L. 1992, c.79 (C.40A:12A-5). The Plan includes maps and boundaries of the rehabilitation area properties. The following is a list of Properties: a) Block#2179 Lot #26 170 Myrtle Avenue b) Block#2147 Lot #23 72-74 Park Place c) Block#3220 Lot #29 441-443 Paulison Avenue A motion to approve the Resolution for the AINOR Plan for 170 Myrtle Avenue was made by Commissioner Simpson, seconded by Commissioner Perez, on a roll call vote, all in favor, the motion passed. A motion to approve the Resolution for the AINOR Plan for 72-74 Park Place was made by Commissioner Delacruz, seconded by Commissioner Perez, on a roll call vote, all in favor, the motion passed. A motion to approve the Resolution for the AINOR Plan for 441-443 Paulison Avenue was made by Commissioner Perez, seconded by Commissioner Delacruz, on a roll call vote, four (4) in favor, one (1) abstained, the motion passed. ESCROW CLOSEOUTS: 1. 171 Market Street – PB17-07 Escrow Deposit - $2,000.00 $ 647.50 – Board Attorney $ 660.00 – Board Planner $ 139.74 – General Account $ 9.78 – North Jersey Media $ 542.98 – Applicant Jorge Villar. A motion to approve Escrow Resolution for 171 Market Street was made by Commissioner Simpson, seconded by Commissioner Delacruz, on a roll call vote, all in favor, the motion passed. 2. 174 Market Street – PB17-08 Escrow Deposit - $2,000.00 $ 700.00 – Board Attorney $ 660.00 – Board Planner $ 139.74 – General Account $ 9.78 – North Jersey Media $ 490.48 – Applicant Jorge Villar. A motion to approve Escrow Resolution for 174 Market Street was made by Commissioner Delacruz, seconded by Commissioner Simpson, on a roll call vote, all in favor, the motion passed. ADJOURNMENT: 5|P a g e JULY 24TH, 2019 PLANNING BOARD MINUTES Upon motion, seconded and carried, the meeting was adjourned at approximately 9:58 p.m. ________________________________ Miriam R. Perez, Board Secretary Municipal Land Use Law 6|P a g e JULY 24TH, 2019 CITY OF PASSAIC PLANNING BOARD VOTE SHEET VOTING ON ACTIONS: 1. ACTION: __Motion to approve Minutes of February 13th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ Jessica Delacruz Present √ √ Kenneth A. Simpson Present Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Present √ √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 2. ACTION: __Motion to approve Minutes of May 8th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ Jessica Delacruz Present √ √ Kenneth A. Simpson Present Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Present √ √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 3. ACTION: _Motion to approve Minutes of June 12th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ √ Jessica Delacruz Present Kenneth A. Simpson Present √ Sardis Cruz-Perez Present Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Present √ √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 1|P age JULY 24TH, 2019 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 4. ACTION: Motion to close public portion of all AINOR Plans hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ √ Jessica Delacruz Present √ Kenneth A. Simpson Present √ Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Present √ √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 5. ACTION: __ Motion approve 170 Myrtle Avenue AINOR Plan COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ √ Jessica Delacruz Present √ Kenneth A. Simpson Present √ Sardis Cruz-Perez Present √ √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 6. ACTION: __Motion to approve 72-74 Park Place AINOR Plan COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ Jessica Delacruz Present √ √ Kenneth A. Simpson Present √ √ Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 2|P age JULY 24TH, 2019 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 7. ACTION: _Motion to approve 441-443 Paulison Avenue AINOR Plan COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ Jessica Delacruz Present √ √ Kenneth A. Simpson Present √ Sardis Cruz-Perez Present √ √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 8. ACTION: __Motion to approve & memorialize resolution of AINOR Plan for 170 Myrtle Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ √ Jessica Delacruz Present √ Kenneth A. Simpson Present √ √ Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 9. ACTION: __Motion to approve & memorialize resolution of AINOR Plan for 72-74 Park Place COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ √ Jessica Delacruz Present √ √ Kenneth A. Simpson Present √ Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 3|P age JULY 24TH, 2019 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 10. ACTION: __Motion to approve & memorialize AINOR Plan for 441-443 Paulison Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ √ Jessica Delacruz Present √ √ Kenneth A. Simpson Present Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 11. ACTION: __Motion to excise Condition #4 on Resolution of 154 Main Avenue PB16-13 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ Jessica Delacruz Present √ Kenneth A. Simpson Present √ Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Present √ √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ √ 12. ACTION: __Motion to close public portion of 129-137 Passaic Street hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ √ Jessica Delacruz Present √ Kenneth A. Simpson Present √ √ Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Absent Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 4|P age JULY 24TH, 2019 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 13. ACTION: __Motion to approve application of 129-137 Passaic Street w/conditions COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ √ Jessica Delacruz Present √ Kenneth A. Simpson Present √ √ Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Absent Jose A. Vargas Vice Chairman Absent Maitza Colon-Montañez Madam Chair Present √ 14. ACTION: __Motion direct Board Attorney to draft favorable Resolution fo the application of 37-49 Harrison Street hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ √ Jessica Delacruz Present √ √ Kenneth A. Simpson Present √ Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Absent Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 15. ACTION: __Motion to Escrow Resolution of 171 Market Street – PB17-07 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ Jessica Delacruz Present √ √ Kenneth A. Simpson Present √ √ Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Absent Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 5|P age JULY 24TH, 2019 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 16. ACTION: __Motion to Escrow Resolution of 174 Market Street – PB17-08 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ Jessica Delacruz Present √ √ Kenneth A. Simpson Present √ √ Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Absent Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ 17. ACTION: _ _____ Motion to adjourn meeting _______________ COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Absent Edwin Perez Present √ Jessica Delacruz Present √ Kenneth A. Simpson Present √ √ Sardis Cruz-Perez Present √ Adam Diaz Absent Vacant Alternate I --- Peter T. Rosario Alternate II --- Councilman Daniel Schwartz Absent Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Present √ √ 6|P age