Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a special meeting on January 29th, 2019 in the Council Chambers, City Hall, 330 Passaic Street at 7:30 p.m. and opened the meeting at 7:42 p.m. by requesting a roll call. The invocation was given and all recited pledge of allegiance. ROLL CALL: PRESENT ABSENT Menachem Bazian Chairman √ Deiby Martinez Vice Chairman √ Yaacov Brisman √ Harold T. Hess √ David M. Blumenthal √ Moshe Stareshefsky √ Jonathan Pittinsky √ Sheila Graham-Woodson Alt # 1 √ Yolanda Soto Alt # 2 √ Juan C. Lozano-Rosas Alt # 3 --- Vacancy Alt # 4 --- --- ALSO PRESENT: Julio Santana, Zoning Officer Douglas Kinz, Esq., Board Attorney NEW BUSINESS: Renewal of Commission & Swearing in of Commissioners Brisman, Stareshefsky & Soto. REORGANIZATION: Election of Officers Board Chairman: A motion was made by Commissioner Brisman to nominate Commissioner Bazian, seconded by Commissioner Stareshefsky; there being no other nominations, on a roll call vote, all in favor, the motion carried. Vice-Chairman: A motion was made by Commissioner Stareshefsky to nominate Commissioner Martinez, seconded by Commissioner Blumenthal; there being no other nominations, on a roll call vote, all in favor, the motion carried. Secretary: A motion was made by Commissioner Blumenthal to nominate Commissioner Brisman, seconded by Commissioner Stareshefsky; there being no other nominations, on a roll call vote, all in favor, the motion carried. Recording Secretary: A motion was made by Commissioner Brisman to keep Miriam R. Perez as the Board Secretary, seconded by Vice Chairman Martinez; there being no other nominations, on a roll call vote, all in favor, the motion carried. 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Attorney: A motion was made by Commissioner Graham-Woodson to appoint Douglas Kinz, Esq as the Board Attorney, seconded by Commissioner Soto; there being no other nominations, on a roll call vote, all in favor, the motion carried. Board Planner: A motion was made by Commissioner Brisman to appoint Plan 2 Consultants as the Board Planner, seconded by Commissioner Blumenthal; there being no other nominations, on a roll call vote, all in favor, the motion carried. Newspaper: A motion was made by Commissioner Brisman, seconded by Commissioner Blumenthal to keep the Herald Newspaper as the official Newspaper for Publication; there being no other nominations, on a roll call vote, all in favor, the motion carried. MINUTES: 1. Minutes of December 11th, 2018 were brought before the Board for Approval. A motion was made by Commissioner Stareshefsky seconded by Vice Chairman Martinez, to approve Minutes of December 11th, 2018, on a roll call vote, all in favor the motion passed. APPLICATIONS: Commissioners Soto stepped down from the dais. 1. Docket #ZB13-08, 705-713 River Drive, Block 1326, Lot 1, in the M-1 Zone, Applicant River Drive Associates, LLC, is seeking site plan approval, a D (1) use variance, along with variances for front yard, parking, and any other variances that may be required to utilize the property as a junkyard. DECEMBER 11TH, 2018. Item #2 of the agenda was read in the record. Mr. Charles Sarlo, Esq., attorney for the applicant was present at the hearing. Mr. Bruce Rosenberg, Opposing Counsel & Mr. Phillip LaPorta, Esq. counsel for the Borough of Rutherford, were also present at this hearing. Commissioner Stareshefsky expressed a possible conflict in regards to this application. Board has concluded that there is no potential conflict. All Counsel were in agreement. Mr. Michael T. Halkais, Attorney in Clifton, NJ representing Mr. Galler came before the Board for comments. D.Kinz, Board Attorney explained the evidentiary portion of the hearing has been closed and if Mr. Halkais would like to present evidence on behalf of Mr. Galler; the Board and all Counsel have to agree to reopen that portion of the hearing. Mr. Laporta & Mr. Rosenberg where in agreement that as the matter left off at last hearing, it was recommended Mr. Galler obtain legal counsel. Mr. Sarlo expressed his objection to reopening the evidentiary portion. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES D.Kinz, Board Attorney recommended the Board should act on the side of caution and reopen the evidentiary portion of the hearing. A motion to reopen hearing portion of 705-713 River Drive was made by Commissioner Soto seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. Mr. Frank Galler, owner of adjacent property was sworn into the record. Mr. Halkais questioned his client. Mr. Galler continued with his testimony. Exhibit OG-1 – Twenty five (25) Photographs were not marked into evidence. Exhibit OG-2 – Photograph of unloading of materials taken Saturday, Jan 26th was marked into evidence. Exhibit OG-3 – Photograph of breaking up of air conditioner was marked into evidence. Exhibit OG-4 – 2015 Photograph of air conditioner being broken up was marked into evidence. Commissioner Brisman had a question for Mr. Galler. Commissioner Stareshefsky had a question about Exhibit OG-2 & Exhibit OG-4. Exhibit OG-5 – Photograph of May 2018 of red liquid was marked into evidence. Chairman Bazian had questions regarding Exhibit OG-5. Exhibit OG-6 – Photograph of wall on the side of Passaic River was marked into evidence. Commissioner Brisman had some question for D.Kinz, Board Attorney about limiting witness’ testimony to a two (2) year time frame in the best interest of expediting this proceeding. Mr. LaPorte cross-examined Mr. Galler. He had questions about Exhibit OG-5 & OG-6. Mr. Rosenberg cross-examined Mr. Galler. He had various questions for the witness. Commissioner Pittinsky had a question for the witness. A motion to adjourn application of 705-713 River Drive application to March 12th, 2019 and closing hearing to all applications was made by Commissioner Stareshefsky seconded by Commissioner Graham- Woodson, on a roll call vote, all in favor the motion passed. D.Kinz, Board Attorney brought a matter before the Board. Letter dated January 24, 2019 from Passaic River Coalition. RESOLUTIONS: NONE ESCROWS: 3|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES NONE ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 10:46 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 4|P age  JANUARY 29TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to select Menachem Bazian as Chairman of the Board COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ √ Harold T. Hess Absent David M. Blumenthal Present √ Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Present √ Menachem Bazian Present √ 2. ACTION: Motion to select Deiby Martinez as Vice Chairman of the Board COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Present √ Menachem Bazian Present √ 3. ACTION: Motion to select Yaacov Brisman as Secretary of the Board COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Present √ Menachem Bazian Present √ 1|P age  JANUARY 29TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to to select Miriam R. Perez as Recording Secretary of the Board COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Present √ √ Harold T. Hess Absent David M. Blumenthal Present √ Moshe Stareshefsky Present √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 5. ACTION: Motion to appoint Douglas Kinz as Board Attorney COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Present √ Harold T. Hess Absent David M. Blumenthal Present √ Moshe Stareshefsky Present √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Present √ √ Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 6. ACTION: Motion to appoint with Plan 2 Consultants as the Board Planners COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Present √ √ Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Present √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 2|P age  JANUARY 29TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 7. ACTION: Motion to continue with Herald & News as Official Newspaper of the Board COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Present √ √ Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Present √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 8. ACTION: Motion to re-open hearing portion of 705-713 River Drive COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Present √ Harold T. Hess Absent David M. Blumenthal Present Moshe Stareshefsky Present √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Present √ √ Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 9. ACTION: Motion to adjourn 705-713 River Drive hearing to March 12th, 2019 & close date to other applications COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Present √ Harold T. Hess Absent David M. Blumenthal Present Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ √ Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 3|P age  JANUARY 29TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 10. ACTION: Motion to approve Minutes of December 11th, 2018 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Present √ Harold T. Hess Absent David M. Blumenthal Present Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Present Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 11. ACTION: ___ Motion to adjourn Meeting. ________ COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Present √ Harold T. Hess Absent David M. Blumenthal Present Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 4|P age