Planning Board
Regular MeetingPassaic, NJ · November 4, 2020
Minutes
NOVEMBER 4TH, 2020
PLANNING BOARD
MINUTES
The City of Passaic Planning Board held a Virtual meeting on November 4th, 2020 Via Zoom and opened
the meeting at 6:38 p.m. by requesting a roll call. The invocation was given and all recited pledge of
allegiance.
ROLL CALL:
Present Absent
Councilman Daniel Schwartz
Kenneth A. Simpson
Jessica Delacruz
Sardis Cruz-Perez
Shawn Witten
Carlos Lopez
Peter T. Rosario Alternate II --- ---
Edwin Perez 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 ___________
Hector C. Lora, Mayor ___________
NEW BUSINESS:
Renewal of Commission & Swearing in to Class IV Commissioner of Commissioner Carlos Lopez.
BOARD CALENDAR:
Tentative Board Calendar for 2021 was presented to the Board for approval.
A motion to adopt the PB 2021 Board Calendar was made by Commissioner Delacruz, seconded by
Commissioner Witten, on a roll call vote, all in favor, the motion passed.
MINUTES:
1. Minutes of October 14th, 2020 Meeting were presented by the Secretary for approval.
A motion to approve the minutes of October 14th, 2020 Meeting was made by Madam Chair Colon-
Montañez, seconded by Commissioner Witten, on a roll call vote, all in favor, the motion passed.
APPLICATIONS:
1. Docket #PB20-15 – 170-172 Main Avenue, Block 4103.01, Lot 23, in the CR Zone, Applicant
Howard I. Deutsch is requesting preliminary and final site plan approval to covert an existing commercial
space, currently vacant and previously used as a house of worship, to a residential two (2)-bedroom
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apartment. The lot is currently improved with two distinct sections, the portion of the building at the
intersection of Main Avenue and Elliot Street is a two-story building, consisting of dental office on the
first floor and residential unit on the second floor. The other portion is a one-story structure attached to
building to the right of the property; it is now vacant, but previously used for a house of worship. This
application will require variances for lot area, lot width, side yard setback, rear yard setback and any
other variance and/or waiver that may be required. FIRST APPEARANCE.
Item #3 of the agenda was read into the record. Mr. Gary Cohen, Esq. Attorney for the applicant
was not present at the hearing. Mr. Cohen requested an adjournment of the hearing.
A motion to adjourn the 170-172 Main Avenue hearing to December 2nd, 2020 was made by
Commissioner Lopez, seconded by Councilman Schwartz, on a roll call vote, all in favor, the motion
passed.
2. Docket #PB20-10, 199-201 Lexington Avenue, Block 4108, Lot 6, in the OR Zone,
Applicant 201 Lexington Avenue 123 LLC is requesting preliminary and final site plan approval to
construct a new three (3) story multi-family building consisting of a total of twelve (12), 2-bedroom units
with nine (9) on-site parking spaces. Two (2) units will be designated deed restricted affordable units
consistent with the 199 Lexington Avenue Redevelopment/Rehabilitation Plan dated February 04, 2020.
This application will require parking, aisle width and parking stall size variances and any other variances
and/or waivers that may be required. FIRST APPEARANCE.
Item #2 of the agenda was read in the record. Mr. Bennett Wasserstrum, Esq. attorney for the
applicant was present at the hearing.
Mr. Evans was recalled to testify and described the Revised Plan to the Board.
Councilman Schwartz had questions for the witness.
L.Rago, Board Attorney asked about the total number of parking spaces now available.
Madam Chair Colon-Montañez opened the public portion of the hearing.
A motion to close public portion of the 199-201 Lexington Avenue hearing, was made by
Commissioner Witten, seconded by Madam Chair Colon-Montañez, on a roll call vote, all in favor, the
motion passed.
A motion to approve 199-201 Lexington Avenue application, was made by Councilman Schwartz,
seconded by Vice Chairman Perez, on a roll call vote, all in favor, the motion passed.
Madam Chair Colon-Montañez had to leave the meeting.
3. Please take notice that the City of Passaic Planning Board will consider
Redevelopment/Rehabilitation Plans for properties previously designated by the City Council as an 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). The Plans includes maps and boundaries of the rehabilitation area properties. The
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following is a list of Properties:
BLOCK 3129, LOTS 4, 5, 15, 32 & 38
426 & 430 LAFAYETTE AVENUE, 102 & 102B GRANT STREET &
13-19 WICKHAM STREET
Item #1 of the agenda was read in the record. Mr. Ricardo Fernandez, Executive Director of
Redevelopment Agency, was present at the hearing.
Mr. Fernandez was sworn into the record. Mr. Fernandez had comments on the Designation
process.
Councilman Schwartz had several questions for Mr. Fernandez.
Acting Chairman Perez had questions for Mr. Fernandez.
Commissioner Simpson had a question about whether discussions were had about an easement
versus a subdivision.
Councilman Schwartz had additional questions regarding the parking requirement.
Acting Chairman Perez opened the public portion of the hearing.
A motion to close public portion of the AINOR Plan for Grant, Lafayette & Wickham, was made by
Vice Chairman Perez, seconded by Commissioner Simpson, on a roll call vote, all in favor, the motion
passed.
A motion to approve AINOR Plan for Grant, Lafayette & Wickham, was made by Commissioner
Witten, seconded by Commissioner Lopez, on a roll call vote, all in favor, the motion passed.
RESOLUTIONS:
1. Resolution for AINOR Plan for:
BLOCK 3129, LOTS 4, 5, 15, 32 & 38 aka 426 & 430 LAFAYETTE AVENUE, 102 & 102B GRANT
STREET & 13-19 WICKHAM STREET
A motion to approve the Resolution for AINOR Plan of Grant, Lafayette and Wickham was made by
Councilman Schwartz, seconded by Commissioner Witten, on a roll call vote, all in favor, the motion
passed.
2. Docket #PB20-13, 217 Brook Avenue, Block 3318.01, Lot 8, Block # 3319, Lot 1, Block 3318,
Lot 7 and Block 3318c Lot(s) 9, 8 & 20, in the M-1 Zone (Scattered Site Redevelopment
Area), applicant Concord Estates of Passaic Urban Renewal LLC, is seeking to amend PB-16-
15 application that was approved on March 8, 2017. granting preliminary & final site plan approval for a
redevelopment project consisting of 186,420 sq. ft. of retail use, 112 residential dwelling units, a banquet
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facility and a parking structure along Brook Avenue with 360 spaces and 180 parking spaces along
Terhune Avenue; together with final approval for a portion of the redevelopment project consisting of
122,563 sq. ft. of retail use, the banquet facility and the parking garage. The applicant seeks to amend the
approval to incorporate neighboring property which was acquired by the applicant, to improve
emergency/fire department access and to allow for two-way-traffic to and from Brook Avenue, to
relocate the proposed banquet facility from its prior approved location on Terhune Avenue to Brook
Avenue. The applicant will also be seeking final site plan approval for phase II of the redevelopment
project to: increase the parking space count by 370 spaces along Terhune Avenue which will bring the
total to approximately 725 spaces, 229,772 sq. ft. of retail, commercial and service space, and
approximately 137 new residential units. A three story addition atop of an existing three story structure
about 15,000 sq. ft. alongside the railroad any other variances and/or waivers that may be required.
Approved with conditions on August 5th, 2020
The following conditions were imposed by the Board:
1. Speed humps/Traffic Calming Device to be discussed with City Engineer.
2. Applicant to comply with all the proposed recommendations of the City Engineer.
A motion to approve the Resolution of 217-219 Brook Avenue was made by Commissioner
Witten, seconded by Commissioner Lopez, on a roll call vote, all in favor, the motion passed.
3. Docket #PB20-13, 12 Broadway, Block 2154, Lot 14, in the CR Zone, Applicant Ken Rose for 12
Broadway LLC is requesting preliminary and final site plan approval to convert a commercial/office
space on the 2nd and 3rd floor to residential units consisting of two (2) 2-bdr. Apartments on the 2nd floor
and three (3) apartments (one 3-bdr & two 1-bdr.) on the 3rd floor; consistent with the 12 Broadway
Redevelopment/Rehabilitation Plan dated January 21, 2020. This application will require a parking
variance and any other variances and/or waivers that may be required. Approved on October 14th,
2020.
A motion to approve the Resolution of 12 Broadway was made by Commissioner Witten, seconded
by Commissioner Lopez, 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 7:25p.m.
________________________________
Miriam R. Perez, Board Secretary
Municipal Land Use Law
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NOVEMBER 4TH, 2020 CITY OF PASSAIC PLANNING BOARD
VOTE SHEET
VOTING ON ACTIONS:
1. ACTION: __Motion to approve Minutes of October 14th, 2020 Meeting
COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN
ABSENT
Shaun Witten Present √ √
Jessica Delacruz Present
Kenneth A. Simpson Present
Sardis Cruz-Perez Absent
Vacancy ---
Vacancy ---
Carlos Lopez Present √
Peter T. Rosario Alternate II ---
Councilman Daniel Schwartz Present √
Edwin Perez Vice Chairman Present √
Maritza Colon-Montañez Madam Chair Present √ √
2. ACTION: __Motion to adjourn hearing of 170-172 Main Avenue to December 2nd, 2020
COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN
ABSENT
Shaun Witten Present √
Jessica Delacruz Present √
Kenneth A. Simpson Present √
Sardis Cruz-Perez Absent
Vacancy ---
Vacancy ---
Carlos Lopez Present √ √
Peter T. Rosario Alternate II ---
Councilman Daniel Schwartz Present √
Edwin Perez Vice Chairman Present √
Maritza Colon-Montañez Madam Chair Present √
3. ACTION: __ Motion to adopt PB 2021 Calendar
COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN
ABSENT
Shaun Witten Present √ √
Jessica Delacruz Present √ √
Kenneth A. Simpson Present √
Sardis Cruz-Perez Absent
Vacancy ---
Vacancy ---
Carlos Lopez Present √
Peter T. Rosario Alternate II ---
Councilman Daniel Schwartz Present √
Edwin Perez Vice Chairman Present √
Maritza Colon-Montañez Madam Chair Present √
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NOVEMBER 4TH, 2020 CITY OF PASSAIC PLANNING BOARD
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4. ACTION: __Motion to close public portion of 199-201 Lexington Avenue hearing
COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN
ABSENT
Shaun Witten Present √
Jessica Delacruz Present
Kenneth A. Simpson Present
Sardis Cruz-Perez Absent
Vacancy ---
Vacancy ---
Carlos Lopez Present √
Peter T. Rosario Alternate II ---
Councilman Daniel Schwartz Present √ √
Edwin Perez Vice Chairman Present √ √
Maritza Colon-Montañez Madam Chair Present √
5. ACTION: __Motion to approve application of 199-201 Lexington Avenue
COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN
ABSENT
Shaun Witten Present √ √
Jessica Delacruz Present
Kenneth A. Simpson Present
Sardis Cruz-Perez Absent
Vacancy ---
Vacancy ---
Carlos Lopez Present √ √
Peter T. Rosario Alternate II ---
Councilman Daniel Schwartz Present √
Edwin Perez Vice Chairman Present √
Maritza Colon-Montañez Madam Chair Present √
6. ACTION: __Motion to close public portion of AINOR Plan of Grant, Lafayette & Wickham
COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN
ABSENT
Shaun Witten Present √
Jessica Delacruz Present √
Kenneth A. Simpson Present √ √
Sardis Cruz-Perez Absent
Vacancy ---
Vacancy ---
Carlos Lopez Present √ √
Peter T. Rosario Alternate II ---
Councilman Daniel Schwartz Present √
Edwin Perez Acting Chairman Present √
Maritza Colon-Montañez Madam Chair Absent √
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NOVEMBER 4TH, 2020 CITY OF PASSAIC PLANNING BOARD
VOTE SHEET
7. ACTION: __ Motion to approve AINOR Plan of Grant, Lafayette & Wickham
COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN
ABSENT
Shaun Witten Present √
Jessica Delacruz Present √
Kenneth A. Simpson Present √ √
Sardis Cruz-Perez Absent
Vacancy ---
Vacancy ---
Carlos Lopez Present √
Peter T. Rosario Alternate II ---
Councilman Daniel Schwartz Present √
Edwin Perez Acting Chairman Present √ √
Maritza Colon-Montañez Madam Chair Absent
8. ACTION: __ Motion to approve Resolution of AINOR Plan for Grant, Lafayette & Wickham
COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN
ABSENT
Shaun Witten Present √ √
Jessica Delacruz Present √
Kenneth A. Simpson Present √
Sardis Cruz-Perez Absent
Vacancy ---
Vacancy ---
Carlos Lopez Present √
Peter T. Rosario Alternate II ---
Councilman Daniel Schwartz Present √ √
Edwin Perez Acting Chairman Present √
Maritza Colon-Montañez Madam Chair Absent
9. ACTION: __ Motion to approve Resolution of 217-219 Brook Avenue application
COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN
ABSENT
Shaun Witten Present √ √
Jessica Delacruz Present √
Kenneth A. Simpson Present
Sardis Cruz-Perez Absent
Vacancy ---
Vacancy ---
Carlos Lopez Present √ √
Peter T. Rosario Alternate II ---
Councilman Daniel Schwartz Present √
Edwin Perez Acting Chairman Present √
Maritza Colon-Montañez Madam Chair Absent
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NOVEMBER 4TH, 2020 CITY OF PASSAIC PLANNING BOARD
VOTE SHEET
10. ACTION: __ Motion to approve Resolution of 12 Broadway application
COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN
ABSENT
Shaun Witten Present √ √
Jessica Delacruz Present
Kenneth A. Simpson Present
Sardis Cruz-Perez Absent
Vacancy ---
Vacancy ---
Carlos Lopez Present √ √
Peter T. Rosario Alternate II ---
Councilman Daniel Schwartz Present √
Edwin Perez Acting Chairman Present √
Maritza Colon-Montañez Madam Chair Absent
11. ACTION: _ _____ Motion to adjourn meeting _______________
COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN
ABSENT
Shaun Witten Present √ √
Jessica Delacruz Present √ √
Kenneth A. Simpson Present √
Sardis Cruz-Perez Absent
Vacancy ---
Vacancy ---
Carlos Lopez Alternate I Present √
Peter T. Rosario Alternate II ---
Councilman Daniel Schwartz Present √
Edwin Perez Acting Chairman Present √
Maritza Colon-Montañez Madam Chair Absent
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Agenda
CITY OF PASSAIC PLANNING BOARD
AGENDA
The Planning Board will hold their regular meeting on Wednesday, November 4th, 2020 at 6:30 p.m. Due
to COVID19 social distancing requirements this will be a virtual meeting via ZOOM:
https://us02web.zoom.us/j/89434133242?pwd=OS9vcWNQRVl5SUNZalBjTXZZenpPQT09
Meeting ID: 894 3413 3242
Passcode: 177577
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+16465588656,,89434133242#,,,,,,0#,,177577# US (New York)
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+1 646 558 8656 US (New York)
Meeting ID: 894 3413 3242
Passcode: 177577
Find your local number: https://us04web.zoom.us/u/f89fe3eoT to consider the following:
1. Please take notice that the City of Passaic Planning Board will consider Redevelopment/Rehabilitation
Plans for properties previously designated by the City Council as an 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). The Plans includes maps and boundaries of the rehabilitation area properties. The
following is a list of Properties:
BLOCK 3129, LOTS 4, 5, 15, 32 & 38
426 & 430 LAFAYETTE AVENUE, 102 & 102B GRANT STREET &
13-19 WICKHAM STREET
2. Docket #PB20-10, 199-201 Lexington Avenue, Block 4108, Lot 6, in the OR Zone, Applicant 201
Lexington Avenue 123 LLC is requesting preliminary and final site plan approval to construct a new three
(3) story multi-family building consisting of a total of twelve (12), 2-bedroom units with nine (9) on-site
parking spaces. Two (2) units will be designated deed restricted affordable units consistent with the 199
Lexington Avenue Redevelopment/Rehabilitation Plan dated February 04, 2020. This application will
require parking, aisle width and parking stall size variances and any other variances and/or waivers that
may be required. ADJOURNED FROM OCTOBER 14TH, 2020.
3. Docket #PB20-15 – 170-172 Main Avenue, Block 4103.01, Lot 23, in the CR Zone, Applicant
Howard I. Deutsch is requesting preliminary and final site plan approval to covert an existing commercial
space, currently vacant and previously used as a house of worship, to a residential two (2)-bedroom
apartment. The lot is currently improved with two distinct sections, the portion of the building at the
intersection of Main Avenue and Elliot Street is a two-story building, consisting of dental office on the first
floor and residential unit on the second floor. The other portion is a one-story structure attached to
building to the right of the property; it is now vacant, but previously used for a house of worship. This
application will require variances for lot area, lot width, side yard setback, rear yard setback and any
other variance and/or waiver that may be required. FIRST APPEARANCE. TO BE ADJOURNED TO
DECEMBER 2ND, 2020.
MINUTESS FOR APPROVAL:
4. October 14th, 2020 Meeting
RESOLUTIONS FOR APPROVAL:
5. Resolution for PB20-11- 217-219 Brook Avenue
6. Resolution for PB20-13- 12 Broadway
A copy of said applications and documents are available for public review online on the City of Passaic
Website, Planning & Redevelopment Page (Cityofpassaic.com) or on file with the Administrative Officer,
Municipal Land Use Law, Passaic City Hall, Room 205, 330 Passaic Street, Passaic, NJ. Any interested party
may inspect these records by calling and scheduling inspection with the Passaic Planning Board Secretary
at (973) 859-1344.
Miriam R. Perez
Board Secretary
Municipal Land Use Law
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