Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a special meeting on March 12th, 2019 in the Council Chambers, City Hall, 330 Passaic Street at 7:30 p.m. and opened the meeting at 7:48 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 Acting Chairman √ 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 MINUTES: 1. Minutes of February 26th, 2019 were brought before the Board for Approval. A motion was made by Commissioner Stareshefsky seconded by Commissioner Graham-Woodson, to approve Minutes of February 26th, 2019, 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. Adjourned from January 29TH, 2019. 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. Mr. Michael T. Halkais, Attorney in Clifton, NJ representing Mr. Galler was also present at the hearing. Mr. Sarlo started his cross examination of Mr. Galler. Mr. Rosenberg cross-examined Mr. Galler. 1|Page  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES D.Kinz, Board Attorney had various questions about the usage of Mr. Galler’s property. Acting Chairman Brisman had several questions for Mr. Galler. D.Kinz, Board Attorney had follow-up questions. Commissioner Graham-Woodson had questions for the witness. Mr. Halkais, Attorney for Mr. Galler began his redirect to his client. He questioned Mr. Galler on the bag of metal that Mr. Galler presented to the Board. Items in the bag were collected with the a three (3) day span. Exhibit OG-7 – Bag of metals scraps collected by Mr. Galler was marked into evidence. Mr. Frank Nemeth, owner & representative of River Drive Associates LLC was sworn into the record. Exhibit A-33 – Six (6) Photographs take by Mr. Nemeth were marked into evidence. Mr. Nemeth described the photograph submitted. Exhibit A-34 – Sixteen (16) Photographs taken by Mr. Nemeth were marked into evidence. Mr. Nemeth described the photographs submitted. Exhibit A-35 – Eleven (11) Photographs from Craigslist and some taken by Mr. Nemeth were marked into evidence. Exhibit A-36 – One (1) Photograph of a broken tail light was marked into evidence. (Ten (10) photographs originally submitted, not admitted into evidence.) Acting Chairman Brisman had questions for Mr. Nemeth. D.Kinz, Board Attorney had follow-up questions for Mr. Nemeth. Exhibit A-37 – Five (5) sheets of paper, inclusive of a Police Report and four (4) photographs were marked into evidence. Mr. Rosenberg had questions for Mr. Nemeth. D.Kinz, Board Attorney asked Mr. Nemeth if he personally witness. He asked him to authenticate the surveillance video he brought to the Board for viewing. Exhibit A-38 – Surveillance Video from Mr. Nemeth’s Business’ security cameras was marked and admitted into evidence. Mr. Rosenberg cross-examined Mr. Nemeth. Mr. LaPorta also cross-examined the witness. Mr. Halkais had questions for Mr. Nemeth. Acting Chairman Brisman had several questions for Mr. Nemeth. 2|Page  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Mr. Rosenberg addressed the Board and asked that his client is allowed to comment & make a statement to the Board. D.Kinz, Board Attorney advised the Board on whether Mr. Rosenberg is able to address or make a statement to the Board. The Board has agreed to allow Mr. Rosenberg to make a statement. Mr. Sarlo stated his objection. For the record Acting Chairman Brisman stated the hearing is closed for testimony. Acting Chairman Brisman opened the public portion of the hearing. Mr. George Beine, of Tenafly NJ and owner of property in Passaic had comments for the Board. Mrs. Shaye Lastra, resident of Rutherford had comments for the Board. D.Kinz, Board Attorney reminded the public the property is zoned M1- Light Industrial. Mrs. Mariclaire Costan, resident of Rutherford had comments for the Board. Mr. Jose Lastra, resident of Rutherford had comments for the Board. A motion to close public portion of the 705-713 River Drive hearing was made by Commissioner Stareshefsky seconded by Vice Chairman Martinez on a roll call vote, all in favor the motion passed. D.Kinz, Board Attorney asked that all Counsel submit written submissions to the Board. A motion to adjourn hearing of 705-713 River Drive application to May 28th, 2019 was made by Commissioner Pittinsky seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. RESOLUTIONS: NONE ESCROWS: NONE ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 10:53 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 3|Page  MARCH 12TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to approve Minutes of February 26th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Absent Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Present Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Absent 2. ACTION: Motion to close public portion of 705‐713 River Drive hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Absent Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Absent 3. ACTION: Motion to adjourn application of 705‐713 River Drive to May 28th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Absent Moshe Stareshefsky Present √ Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ √ Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Absent 1|Page  MARCH 12TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: ___ Motion to adjourn Meeting. ________ COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Absent Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Absent 2|Page