Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a special meeting on February 26th, 2019 in the Council Chambers, City Hall, 330 Passaic Street at 7:30 p.m. and opened the meeting at 7:40 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 David Troast, Board Planner Douglas Kinz, Esq., Board Attorney MINUTES: 1. Minutes of January 29th, 2019 were brought before the Board for Approval. A motion was made by Commissioner Stareshefsky, seconded by Commissioner Soto, to approve Minutes of January 29th, 2019, on a roll call vote, all in favor the motion passed. RESOLUTIONS: 1. Docket #ZB18-15 446 Monroe Street, Block 2169, Lot 5, in the R-3 Zone, applicant T-Mobile Northeast LLC, is seeking is seeking D (3) Conditional Use Variance to install a cell tower at the property referenced above. Cell towers are a conditional use permitted in the M1 and M2 zone districts. Approved with conditions December 11th, 2018. Conditions imposed by the Board: 1. Six (6) ft. obscure tech antenna to be installed. 2. Times of installation not interfere with school drop-off and pickup. 3. Installation of security cameras. A motion to approve Resolution of 446 Monroe Street application with conditions listed above was made by Commissioner Stareshefsky, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. APPLICATIONS: 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES 1. Docket #ZB18-16 446 15 High Street, Block 2207, Lot 36, in the R-3 Zone, applicant Rodrigo Campos, is seeking site plan and variance approval to install a driveway in front of his property. FIRST APPEARANCE. Item #1 of the agenda was read in the record. Mrs. Bianca Pereira, Esq., Attorney for the applicant was not present at the hearing. A motion to adjourn applications of 15 High Street application to April 9th, 2019 was made by Commissioner Stareshefsky seconded by Commissioner Graham-Woodson,on a roll call vote, all in favor the motion passed. 2. Docket #ZB18-17 19 High Street, Block 2207, Lot 37, in the R-3 Zone, applicant Cecilia Liranzo, is seeking site plan and variance approval to install a driveway in front of her property. FIRST APPEARANCE. Item #2 of the agenda was read in the record. Mrs. Bianca Pereira, Esq., Attorney for the applicant was not present at the hearing. A motion to adjourn applications of 19 High Street application to April 9th, 2019 was made by Commissioner Hess, seconded by Commissioner Lozano-Rosas,on a roll call vote, all in favor the motion passed. 1. Docket #ZB18-18, 92 Broadway, Block 2160 Lot(s) 32 in the C-R zone district, NP Auto Repair, LLC. is requesting preliminary and final site plan approval and a D(1) & (2) Use Variance to expand an existing non-conforming use gas station, auto repair shop and add a used car sales lot. And any other variances and/or waivers that may be required. FIRST APPEARANCE. Item #3 of the agenda was read in the record. Mr. Charles Sarlo, Esq., attorney for the applicant was present at the hearing. Mr. Sarlo introduced the application to the Board. Acting Chairman Brisman ask Mr. D.Kinz, Board Attorney for clarification on what exactly the Board is considering in this application. Commissioner Stareshefsky had questions for Mr. D.Kinz. Mr. Allende Matos, Licensed Architect & Professional Planner of Passaic, NJ was sworn into the record. Mr. Matos presented his qualifications to the Board. The Board accepted his qualifications. Mr. Matos continued with his testimony. Mr. Matos described the site plans submitted and described the site of the proposed Used Car Sales Lot. Commissioner Stareshefsky asked D.Kinz, Board Attorney for some clarification on the requirements of the lot size. Acting Chairman Brisman had several questions for the witness. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES D.Kinz, Board Attorney had several questions for the witness. Acting Chairman Brisman had some follow-up questions and concerns. Commissioner Soto had questions for Mr. Matos. Exhibit A-1 Letter from AM Architect’s Studio to NJ Motor vehicle Commission dated 2/5/19 was marked into evidence. D.Kinz, Board Attorney had questions for Mr. Matos. Mr. Joe Conoscenti, resident of 170 Broadway had questions for the witness. Mr. Sarlo addressed some of the concerns on our Board Planner’s review. Exhibit A-2 Fence Details Plans 2/26/19 was marked into evidence. Mr. Matos described the evidence. Acting Chairman Brisman opened the public portion of the hearing. Mr. Joe Conoscenti, resident of 170 Broadway had comments for the Board. A motion to close the public portion of the 92 Broadway hearing 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 advised and made a recommendation to the Board to have to votes on each D Variance. Acting Chairman Brisman had comments about this application. A motion to deny the application of 92 Broadway, made by Commissioner Stareshefsky, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. ESCROWS: NONE ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 10:45 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 3|P age FEBRUARY 26TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to approve Minutes of January 29th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present David M. Blumenthal Absent Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ √ Juan C. Lozano-Rosas Alt # 3 --- √ Vacant Alt # 4 Present Deiby Martinez Vice Chairman Absent Menachem Bazian Chairman Absent 2. ACTION: Motion to adjourn application of 15 & 19 High Street to April 9th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present √ √ David M. Blumenthal Absent Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- √ Vacant Alt # 4 Present Deiby Martinez Vice Chairman Absent Menachem Bazian Chairman Absent 3. ACTION: Motion to adjourn application of 19 High Street to April 9th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present √ √ David M. Blumenthal Absent Moshe Stareshefsky Present √ Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- √ √ Vacant Alt # 4 Present Deiby Martinez Vice Chairman Absent Menachem Bazian Chairman Absent 1|P age FEBRUARY 26TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to close public portion of 92 Broadway COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present √ David M. Blumenthal Absent Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- √ Vacant Alt # 4 Present Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Absent 5. ACTION: Motion to deny application of 92 Broadway (D1 Variance) COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present √ David M. Blumenthal Absent Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- √ Vacant Alt # 4 Present Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Absent 6. ACTION: Motion to approve Resolution of 446 Monroe Street COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present David M. Blumenthal Absent Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- √ Vacant Alt # 4 Present Deiby Martinez Vice Chairman Present Menachem Bazian Chairman Absent 2|P age FEBRUARY 26TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 7. ACTION: ___ Motion to adjourn Meeting. ________ COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present √ David M. Blumenthal Absent Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 --- √ Vacant Alt # 4 Present Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Absent 3|P age