Planning Board

DECEMBER 2ND, 2020 PLANNING BOARD MINUTES The City of Passaic Planning Board held a Virtual meeting on December 2nd, 2020 Via Zoom and opened the meeting at 6:42 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 ___________ MINUTES: 1. Minutes of November 4th, 2020 Meeting were presented by the Secretary for approval. A motion to approve the minutes of November 4th, 2020 Meeting was made by Commissioner Lopez, seconded by Commissioner Witten, on a roll call vote, all in favor, the motion passed. RESOLUTIONS: 1. Resolution appointing Board Planner for Fiscal Year 2021 – Plan 2 Consultant A motion to approve the Resolution appointing Board Planner – Plan 2 Consultant was made by Madam Chair Colon-Montañez, seconded by Commissioner Witten, 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. Approved on November 4th, 2020 3. Resolution appointing Board Attorney for Fiscal Year 2021 – Louis P. Rago, Esq. 1|P a g e DECEMBER 2ND, 2020 PLANNING BOARD MINUTES A motion to approve the Resolution appointing Board Planner – Plan 2 Consultant was made by Madam Chair Colon-Montañez, seconded by Commissioner Lopez, 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 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. ADJOURNED FROM NOVEMBER 4TH, 2020. Item #2 of the agenda was read into the record. Mr. Gary Cohen, Esq. Attorney for the applicant was present at the hearing. Mr. Cohen requested an adjournment of the hearing. A motion to adjourn the 170-172 Main Avenue hearing to January 6th, 2021 was made by Commissioner Lopez, seconded by Councilman Schwartz, on a roll call vote, all in favor, the motion passed. 2. Docket #PB20-22- 135 Summer Street, Block #2180, Lot 77 in the R3 Zone, Applicant Paterson Habitat for Humanity is requesting preliminary & final site approval to convert a one (1) story building which houses the VFW Hall non-profit organization into a mixed-commercial/residential use. The proposed plan is to keep the VFW (Commercial Space) on the 1st floor and add a second story with four (4) condo unit consisting of three (3) two-bedroom and one (1) (one-bedroom unit). This application is part of a redevelopment/rehabilitation plan dated March 31, 2020. Along any other variance and/or waivers that may be required. FIRST APPEARANCE. Item #4 of the agenda was read into the record. Mrs. Alexis Lazzara, Esq. Attorney for the applicant was present at the hearing. Mrs. Lazzara informed the Board that was an issue with the Herald & News publishing the Notice of Publication. Notice was not published so we are unable to continue with the hearing. Mrs. Lazzara requested a Special Meeting before the end of the year. The Board agreed on a Special Meeting date of December 16th, 2020. A motion to adopt a Special Meeting date of December 16th, 2020 was made by Commissioner Lopez, seconded by Vice Chairman Perez, on a roll call vote, all in favor, the motion passed. A motion to adjourn 135 Summer Street to December 16th, 2020 was made by Vice Chairman Perez, seconded by Commissioner Lopez, on a roll call vote, all in favor, the motion passed. 2|P a g e DECEMBER 2ND, 2020 PLANNING BOARD MINUTES 3. Docket #PB20-16, 948-950 Main Avenue, Block 4103.01, Lot 23, in the CR Zone, Applicant 950 Main Avenue LLC is requesting preliminary and final site plan approval to convert an empty one (1) story commercial building to a three (3) story mixed commercial residential building consisting of two (2) retail spaces and one (1) apartment on the ground floor and two (2) apartments on the 2nd and 3rd floor with a total of five (5) residential units. In consistence with the 950 Main Avenue Redevelopment/Rehabilitation Plan Dated March 06, 2020. The proposed plan is for two retail spaces and one two bedrooms apartment on ground floor level, and two apartments consisting of two bedrooms each on the 2nd and 3rd floor. This application will require a parking variance and any other variances and/or waivers that may be required. FIRST APPEARANCE. Item #4 of the agenda was read in the record. Mr. Bennett Wasserstrum, Esq. attorney for the applicant was present at the hearing. Mr. Osvaldo Martinez, Licensed Architect of Hoboken, NJ was sworn into the record. Mr. Martinez has testified on numerous occasions before this Board. The Board accepted his qualifications. Mr. Martinez continued with his testimony and described the plan to the Board. He addressed the comments from the Engineer’s review and Zoning Report. Vice Chairman Perez had a question for Mr. Martinez. Mr. Frank D. Mileto, Licensed Architect & Planner of Long Valley, NJ was sworn into the record. Mr. Mileto has testified on numerous occasions before this Board. The Board accepted his qualifications. Mr. Mileto continued with his testimony. Madam Chair Colon-Montañez opened the public portion of the hearing. A motion to close public portion of the 948-950 Main 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 948-950 Main Avenue application, was made by Commissioner Lopez, seconded by Vice Chairman Perez, on a roll call vote, all in favor, the motion passed. 4. Docket #PB20-02- 55 Highland Avenue (a/k/a 205 Dayton Avenue), Block #4060, Lot 28 in the CR-HD Zone, Applicant C. Realty, L.L.C. is requesting preliminary & final site approval to convert a one story mix- used building that currently contains 1 commercial and 1 residential 1 bedroom unit, thus converting the building to a 3 story building containing a total of 1 commercial unit and 7 residential units, with 1 commercial and 1 residential 1 bedroom unit on the first floor, 3 residential 2 bedroom units on the second floor, 3 residential 2 bedroom units on the third floor, and providing ground level parking below a portion of the building that is being added and requiring variance for lot area, lot width, rear yard setback, lot coverage, off street parking and any other variances and/or waivers that may be required. FIRST APPEARANCE. ADJOURNED FROM OCTOBER 14TH, 2020. Item #2 of the agenda was read into the record. Mr. Gary Cohen, Esq. Attorney for the applicant was present at the hearing. Mr. Sean McGowan, Esq. Opposing Counsel (accompanied by Brian Lanyon) representing Oak Ridge Realty were also present at the hearing. 3|P a g e DECEMBER 2ND, 2020 PLANNING BOARD MINUTES Mr. Ignatius Caramia, Licensed Architect of Hoboken, NJ was sworn into the record. Mr. Caramia presented his qualifications to the Board. The Board accepted his qualifications. Mr. Caramia continued with his testimony and described the plan to the Board. Councilman Schwartz had a question for the witness. Vice Chairman Perez had several questions for Mr. Caramia. D.Troast, Board Planner had several questions for Mr. Caramia. Commissioner Witten had questions for Mr. Caramia. L.Rago, Board Attorney had questions for the witness. Mr. B.Lanyon, Attorney for the Opposition had several questions for Mr. Caramia. This application was tabled to adjourn next application. A motion to table hearing of 55 Highland Avenue, was made by Commissioner Witten, seconded by Vice Chairman Perez, on a roll call vote, all in favor, the motion passed. It was recalled and hearing continued. A motion to recall hearing of 55 Highland Avenue, was made by Commissioner Witten, seconded by Vice Chairman Perez, on a roll call vote, all in favor, the motion passed. Mr. Joseph Vince, Licensed Engineer & Planner of NJ was sworn into the record. Mr. Vince presented his qualifications to the Board. The Board accepted his qualifications. Mr. Vince continued with his testimony. Exhibit A1 – Photo Exhibit & Sight Distance map were marked into evidence. Councilman Schwartz had questions for Mr. Vince. Commissioner Lopez had comments for the witness. Councilman Schwartz concurred with Commissioner Lopez’ comments. Commissioner Witten had suggestions and questions for the applicant. Councilman Schwartz had additional questions for Mr. Vince. Commissioner Lopez had follow-up questions. A motion to adjourn hearing of 55 Highland Avenue to February 3rd, 2021, was made by Commissioner Lopez, seconded by Vice Chairman Perez, on a roll call vote, all in favor, the motion passed. 4|P a g e DECEMBER 2ND, 2020 PLANNING BOARD MINUTES 5. Docket #PB20-20- 337 Aycrigg Avenue, Block # 3248, Lot 17 in the R3 Zone, Applicant 3X Aycrigg LLC is requesting preliminary & final site approval to convert a one (1) story residential home into a new three (3)-story brick building consisting of eight (8) residential units. The proposed floor layout is as follows: ground floor two (2) 2-bedroom unit and 2nd and 3rd floor consisting of three (3) 2- bedroom unit each, with a total of eight (8) units. This application will require variances for lot width, side yard setback, lot coverage, parking variance and any other variances and/or waivers that may be required. FIRST APPEARANCE. Item #5 of the agenda was read into the record. Mr. Matthew J. Trella, Esq. attorney for the applicant was present at the hearing. In the interest of time, the Board requested to adjourn this application to the next hearing date of January 6th, 2021. A motion to adjourn hearing of 337 Aycrigg Avenue to January 6th, 2021, 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 10:10p.m. ________________________________ Miriam R. Perez, Board Secretary Municipal Land Use Law 5|P a g e DECEMBER 2ND, 2020 CITY OF PASSAIC PLANNING BOARD VOTE SHEET VOTING ON ACTIONS: 1. ACTION: __Motion to approve Minutes of November 4th, 2020 Meeting COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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 January 6th, 2021 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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 approve Resolution appointing Board Attorney – Louis P. Rago, Esq. COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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 √ √ 1|P age DECEMBER 2ND, 2020 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 4. ACTION: __ Motion to approve Resolution appointing Board Planner – Plan 2 Consultants COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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 table hearing of 55 Highland Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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 recall hearing of 55 Highland Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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|P age DECEMBER 2ND, 2020 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 7. ACTION: __Motion to adjourn application of 55 Highland Avenue to February 3rd, 2021 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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 √ 8. ACTION: __Motion to close public portion of 948-950 Main Avenue hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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 √ 9. ACTION: __ Motion to approve application of 948-950 Main Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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|P age DECEMBER 2ND, 2020 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 10. ACTION: __ Motion to adjourn application of 337 Aycrigg Avenue to January 6th, 2021 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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 √ 11. ACTION: __ Motion to adopt Special Meeting Date of December 16th, 2020 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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 √ 12. ACTION: __ Motion to adjourn application of 135 Summer Street to December 16th, 2020 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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 √ 4|P age DECEMBER 2ND, 2020 CITY OF PASSAIC PLANNING BOARD VOTE SHEET 13. ACTION: __ Motion to approve Resolution of 199-201 Lexington Ave application COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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 √ 14. ACTION: _ _____ Motion to adjourn meeting _______________ COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Shaun Witten Present √ √ Jessica Delacruz Absent Kenneth A. Simpson Absent 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|P age