Planning Board

SEPTEMBER 11TH, 2019 PLANNING BOARD MINUTES The City of Passaic Planning Board held a regular meeting on September 11th, 2019 in the Council Chambers, City Hall, 330 Passaic Street and opened the meeting at 7:36 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 √ Shawn Witten √ Carlos Lopez 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. 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. ADJOURNED FROM JULY 24TH, 2019. CARRIED FROM AUGUST 14TH, 2019. TO BE ADJOURNED TO OCTOBER 16TH, 2019. Item #2 of the agenda was read in the record. Mr. Gary Cohen, Esq., Attorney for the applicant was not present at the hearing. Due to lack of quorum of illegible voting Commissioners this application will be adjourned to the October 16th meeting. A motion to adjourn hearing of 39-41 Hoover Avenue, was made by Commissioner Rosario, seconded by Commissioner Delacruz, on a roll call vote, all in favor, the motion passed. 2. 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: 1|P a g e SEPTEMBER 11TH, 2019 PLANNING BOARD MINUTES a. Block #2186, Lot #8 (212-214 Summer Street) 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. Commissioner Rosario had questions for Mr. Fernandez. Acting Chairman Schwartz had comments for the Board. Commissioner Rosario had questions for the Board Attorney as to whether there is a conflict due to his affiliation to the Board of Education. L. Rago, Board Attorney stated there was none. Acting Chairman Schwartz opened the public portion of the hearing. A motion to close public portion of the Recommendation for AINOR hearing 212-214 Summer Street, was made by Commissioner Rosario seconded by Commissioner Wise, on a roll call vote, all in favor, the motion passed. A motion to recommend AINOR for 212-214 Summer Street, was made by Commissioner Rosario seconded by Commissioner Delacruz, on a roll call vote, all in favor, the motion passed. 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 a 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. Jay Pasternack, Attorney for the applicant was present at the hearing. Mr. Pasternack introduced the application to the Board. A motion to close public portion of the 588 Main Avenue hearing, was made by Commissioner Rosario, seconded by Commissioner Delacruz, on a roll call vote, all in favor, the motion passed. Mr. Sarlo stated the previous applicant’s LLC, Emerald Green LLC was dissolved and renamed Emerald Green Realty LLC. New Resolution should indicate the same. A motion to approve Two (2) One-Year Extensions for the 588 Main Avenue application was made by Commissioner Rosario seconded by Commissioner Delacruz, on a roll call vote, all in favor, the motion passed. 4. Docket #PB19-09, 684 Main Avenue, block# 1130, Lot # 17, in C Zone District designated an Area of Need of Redevelopment/Rehabilitation, applicant Taract Management LLC is requesting preliminary and final site plan approval to convert a commercial building with office space on the 2nd and 3rd floors to eight (8) residential unit apartments consisting of two (2) bedrooms, retail space to stay on the ground floor. As per design standard of the AINOR Plan approved on February 7, 2018 there are no 2|P a g e SEPTEMBER 11TH, 2019 PLANNING BOARD MINUTES variances required. FIRST APPEARANCE. CARRIED FROM AUGUST 14TH, 2019 Item #4 of the agenda was read in the record. Mr. Jay Pasternack, Attorney for the applicant was present at the hearing. Mr. Pasternack introduced the application to the Board. Mr. Milton Schatz, owner of 684 Main Avenue and managing member of Taract Management LLC was sworn into the record. Mr. Schatz continued with his testimony. Acting Chairman Schwartz had questions for Mr. Schatz. Mr. Dominic Cipitano, owner of 688 Main Avenue had questions for Mr. Schatz. Mrs. Alexis Goldman, Licensed Architect of Verona, NJ was sworn into the record. Mrs. Goldman presented her qualifications to the Board. The Board accepted her qualifications. Mrs. Goldman continued with her testimony. Exhibit A1- Site Plan page 1 was marked into evidence. Mrs. Goldman described the Site Plan. Exhibit A2 – Site Plan page 2 was marked into evidence. Exhibit A3 – Site Plan page 3 was marked into evidence. D. Troast, Board Planner, sited his Planning Review in regards to the Parking Variance. Mr. Ricardo Fernandez, Executive Director of the Redevelopment Agency & Licensed Planner was sworn into the record. Mr. Fernandez reference the Redevelopment/Rehabilitation Plan he prepared for the Planning Board as it relates to this application and the Parking requirement. Acting Chairman Schwartz & Commissioner Rosario had questions for Mr. Fernandez. Acting Chairman Schwartz opened the public portion of the hearing. Mr. Dominic Cipitano, owner of 688 Main Avenue was sworn into the record as he had testimony for the Board in regards to this application as it relates to an easement on the property. L. Rago, Board Attorney advised Mr. Cipitano that this Board has no jurisdiction over Easement disputes. Exhibit O-1 copies of Deed of 688 Main Avenue was marked for identification. Commissioner Rosario asked for clarifications on the Board’s action on this application. L. Rago, Board Attorney advised the Board there are no legal ramifications to Commissioners for doing their job on this Board. This is a private matter that does not involve the Board. 3|P a g e SEPTEMBER 11TH, 2019 PLANNING BOARD MINUTES Mr. Schatz gave a brief history of the building’s description prior to the fire. Commissioner Rosario had questions for Mr. Schatz. Acting Chairman Schwartz had comments for Mr. Cipiano. A motion to close public portion of the 684 Main Avenue hearing, was made by Commissioner Rosario, seconded by Commissioner Wise, on a roll call vote, all in favor, the motion passed. Commissioner Wise had questions for Mr. Schatz. A motion to approve 684 Main Avenue application, was made by Commissioner Rosario seconded by Commissioner Wise, on a roll call vote, five (5) in favor, one (1) abstained, the motion passed. 5. Docket #PB19-10, 620 Main Avenue, block# 1131.01, Lot # 30, In C Zone District designated an Area of Need of Redevelopment/Rehabilitation, applicant 620 Main Avenue Realty LLC is requesting preliminary and final site plan approval to convert empty office space on the upper level into six (6) residential apartment units consisting of four (4) two-bedroom apartments and two (2) one-bedroom apartments. The applicant will also be rehabilitating an existing building on 356 Passaic Street consisting of two (2) retail stores on the ground floor and two-bedroom apartments on 2nd and 3rd Floor. As per design standard of the AINOR Plan approved on June 12, 2019, they will require a parking variance. FIRST APPEARANCE. CARRIED FROM AUGUST 14TH, 2019 Item #5 of the agenda was read in the record. Mr. Alan J. Mariconda, Attorney for the applicant was present at the hearing. Mr. Mariconda introduced the application to the Board. Mr. John McDonough, Licensed Planner of Morristown, NJ was sworn into the record. Mr. McDonough presented his qualifications to the Board. The Board accepted his qualifications. Mr. McDonough continued with his testimony. Exhibit A-1 Planning Exhibits consisting of 5 pages were marked into the record. Mr. McDonough described the exhibits. Commissioner Rosario had questions for Mr. McDonough. Acting Chairman Schwartz had clarifications for the applicant in regards to the Payment in Lieu of Parking. D. Troast, Board Planner asked Mr. McDonough to cite the McRicsis Case. Mr. Wayne Gustine, Licensed Architect was sworn into the record. Mr. Todd Zwigard, Architect Licensed in NY and worked on this site plan and has direct knowledge of the preparation of the plan was sworn into the record. Commissioner Rosario had a question for the witness. 4|P a g e SEPTEMBER 11TH, 2019 PLANNING BOARD MINUTES Mr. McDonough cited RICSIC Case, 252 Super 334 Ap. 1991. A motion to close public portion of the 620 Main Avenue hearing, was made by Commissioner Rosario, seconded by Commissioner Delacruz, on a roll call vote, all in favor, the motion passed. A motion to approve 620 Main Avenue application wit conditions, was made by Commissioner Rosario seconded by Commissioner Delacruz, on a roll call vote, all in favor, the motion passed. MINUTES: NONE RESOLUTIONS: 6. 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: a. Block #2186, Lot #8 (212-214 Summer Street) A motion to approve the Resolution for the Recommendation for Area in Need of Redevelopment for the Recommendation of AINOR 212-214 Summer Street was made by Commissioner Witten seconded by Commissioner Delacruz, on a roll call vote, all in favor, the motion passed. ESCROW CLOSEOUTS: NONE ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 9:58 p.m. ________________________________ Miriam R. Perez, Board Secretary Municipal Land Use Law 5|P a g e SEPTEMBER 11TH, 2019 CITY OF PASSAIC PLANNING BOARD VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to close public portion of Recommendation of AINOR 212-214 Summer hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Present √ √ Edwin Perez Absent Jessica Delacruz Present √ Kenneth A. Simpson Absent Sardis Cruz-Perez Absent Shawn Witten Present √ Carlos Lopez Alternate I Present √ Peter T. Rosario Alternate II Present √ √ Councilman Daniel Schwartz Acting Chairman Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Absent 2. ACTION: __ Motion to recommend AINOR 212-214 Summer Street COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Present √ Edwin Perez Absent Jessica Delacruz Present √ √ Kenneth A. Simpson Absent Sardis Cruz-Perez Absent Shawn Witten Present √ Carlos Lopez Alternate I Present √ Peter T. Rosario Alternate II Present √ √ Councilman Daniel Schwartz Acting Chairman Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Absent 3. ACTION: __Motion to approve Resolution recommending AINOR – 212-214 Summer St COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Present √ Edwin Perez Absent Jessica Delacruz Present √ √ Kenneth A. Simpson Absent Sardis Cruz-Perez Absent Shawn Witten Present √ √ Carlos Lopez Alternate I Present √ Peter T. Rosario Alternate II Present √ Councilman Daniel Schwartz Acting Chairman Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Absent 1|P age SEPTEMBER 11TH, 2019 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 4. ACTION: __Motion to adjourn hearing of 37-49 Hoover Avenue to October 16th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Present √ Edwin Perez Absent Jessica Delacruz Present √ √ Kenneth A. Simpson Absent Sardis Cruz-Perez Absent Shawn Witten Present √ Carlos Lopez Alternate I Present √ Peter T. Rosario Alternate II Present √ √ Councilman Daniel Schwartz Acting Chairman Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Absent 5. ACTION: _Motion to close public portion of 588 Main Avenue hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Present √ Edwin Perez Absent Jessica Delacruz Present √ √ Kenneth A. Simpson Absent Sardis Cruz-Perez Absent Shawn Witten Present √ Carlos Lopez Alternate I Present √ Peter T. Rosario Alternate II Present √ √ Councilman Daniel Schwartz Acting Chairman Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Absent 6. ACTION: __Motion to approve two (2) One-year Extensions for 588 Main Avenue application COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Present √ Edwin Perez Absent Jessica Delacruz Present √ √ Kenneth A. Simpson Absent Sardis Cruz-Perez Absent Shawn Witten Present √ Carlos Lopez Alternate I Present √ Peter T. Rosario Alternate II Present √ √ Councilman Daniel Schwartz Acting Chairman Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Absent 2|P age SEPTEMBER 11TH, 2019 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 7. ACTION: __Motion to close public portion of 684 Main Avenue hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Present √ √ Edwin Perez Absent Jessica Delacruz Present √ Kenneth A. Simpson Absent Sardis Cruz-Perez Absent Shawn Witten Present √ Carlos Lopez Alternate I Present √ Peter T. Rosario Alternate II Present √ √ Councilman Daniel Schwartz Acting Chairman Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Absent 8. ACTION: __Motion to approve application of 684 Main Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Present √ √ Edwin Perez Absent Jessica Delacruz Present √ Kenneth A. Simpson Absent Sardis Cruz-Perez Absent Shawn Witten Present √ Carlos Lopez Alternate I Present √ Peter T. Rosario Alternate II Present √ √ Councilman Daniel Schwartz Acting Chairman Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Absent 9. ACTION: __Motion to close public portion of 620 Main Avenue hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Present √ Edwin Perez Absent Jessica Delacruz Present √ √ Kenneth A. Simpson Absent Sardis Cruz-Perez Absent Shawn Witten Present √ Carlos Lopez Alternate I Present √ Peter T. Rosario Alternate II Present √ √ Councilman Daniel Schwartz Acting Chairman Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Absent 3|P age SEPTEMBER 11TH, 2019 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 10. ACTION: __Motion to approve application of 620 Main Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Present √ Edwin Perez Absent Jessica Delacruz Present √ √ Kenneth A. Simpson Absent Sardis Cruz-Perez Absent Shawn Witten Present √ Carlos Lopez Alternate I Present √ Peter T. Rosario Alternate II Present √ √ Councilman Daniel Schwartz Acting Chairman Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Absent 11. ACTION: _ _____ Motion to adjourn meeting _______________ COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Francine Wise Present √ √ Edwin Perez Absent Jessica Delacruz Present √ Kenneth A. Simpson Absent Sardis Cruz-Perez Absent Shawn Witten Present √ Carlos Lopez Alternate I Present √ Peter T. Rosario Alternate II Present √ √ Councilman Daniel Schwartz Acting Chairman Present √ Jose A. Vargas Vice Chairman Absent Maritza Colon-Montañez Madam Chair Absent 4|P age