Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a special meeting on March 26th, 2019 in the Council Chambers, City Hall, 330 Passaic Street at 7:30 p.m. and opened the meeting at 7:46 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 Secretary √ 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, P.P., AICP, Board Planner Douglas Kinz, Esq., Board Attorney MINUTES: 1. Minutes of March 12th, 2019 were brought before the Board for Approval. A motion was made by Commissioner Stareshefsky seconded by Vice Chairman Martinez, to approve Minutes of March 12th, 2018, on a roll call vote, all in favor the motion passed. RESOLUTIONS: 1. Docket #ZB18-03, 371 Brook Avenue, Block#3313, Lot 7, in the R-1 Zone, applicant 371 Brook Avenue LLC, is seeking preliminary & final site plan approval and D (3) Conditional Use Variance for an existing House of Worship in a residential structure. This application will also require a parking variance and any other variances and/or waivers that may be required. Approved with conditions October 9th, 2018. Conditions imposed by the Board: 1. Amended site plan with topographical information 2. Limiting the use from Friday night to Sunday morning and Jewish Religious Holiday. 3. No more than fifty (50) congregants. A motion to approved Resolution of 371 Brook Avenue application was made by Vice Chairman Martinez, seconded by Commissioner Stareshefsky, on a roll call vote, all in favor the motion passed. 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES COMMUNICATION: Main Avenue Planning Workshops APPLICATIONS: 1. Docket #ZB19-02, 370 High Street, Block 3300.02, Lot 1.02, in the R-2 Zone, applicant Hatzolah of Passaic/Clifton EMS, is seeking preliminary & final site plan approval and a D (1) use variance to demolish a two car garage and shed to build a commercial two(2) story building to house no more than three (3) ambulances in order to provide volunteer emergency medical services, and any other variances and/or waivers that may be required. FIRST APPEARANCE Item #2 of the agenda was read in the record. Mr. Gary E. Cohen, Esq., attorney for the applicant was present at the hearing. Mr. Cohen introduced the application to the Board. Commissioner Stareshefsky stepped down from the dais due to a conflict. Mr. Alex J. Zepponi, Licensed Engineer & Licensed Planner of North Haledon, NJ was sworn into the record. Mr. Zepponi presented his qualifications to the Board. The Board accepted his qualifications. Mr. Zepponi continued with his testimony. D.Kinz, Board Attorney responded to Mr. Cohen interpretation to the meaning of inherently beneficial uses. Mr. Martin Lovy, 161 Amsterdam Avenue, Passaic representative of Hatzolah of Passaic/Clifton EMS was sworn into the record. Mr. Lovy continued with his testimony. Chairman Bazian had several questions for Mr. Lovy. Mr. Lovy described the operations of Hatzolah of Passaic/Clifton EMS. D.Kinz, Board Attorney had questions for Mr. Lovy. Chairman Bazian had follow up questions. D.Kinz, Board Attorney advised the Board this use qualifies as an inherently beneficial use. Mr. Zepponi continued with his testimony. Exhibit A-1 – Site Plans pg 1 was marked into evidence. Exhibit A-2 – Site Plans pg. 2 & 3 enhanced were marked into evidence. Mr. Zepponi described the plans. D.Kinz, Board Attorney had a question for Mr. Zepponi. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Chairman Bazian had comments for the Board. Commissioner Pittinsky also had comments. Mr. Yeshaiyahu Feinberg, Licensed Architect of Passaic, NJ was sworn into the record. Mr. Feinberg presented his qualifications to the Board. The Board accepted his qualifications. Mr. Feinberg continued with his testimony. Exhibit A-3 Color Rendering of proposed structure was marked into evidence. Chairman Bazian opened the public portion of the hearing. A motion to close public portion of the 370 High Street hearing was made by Commissioner Pittinsky seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. D.Kinz, Board Attorney recommended that additional landscaping to the left side of the property as a buffer. Conditions imposed by the Board: 1. Add additional landscaping on the left side of the property to serve as a buffer. A motion to approve application 370 High Street application was made by Commissioner Pittinsky, seconded by Vice Chairman Martinez, 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 10:26 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 3|P age  MARCH 26TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to approve Minutes of March 12th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present David M. Blumenthal Absent Moshe Stareshefsky Absent √ √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present 2. ACTION: Motion to approve Resolution of 371 Brook Avenue application w/conditions COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present David M. Blumenthal Absent Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Present Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 3. ACTION: Motion to close public portion of 370 High Street hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present √ David M. Blumenthal Absent Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 1|P age  MARCH 26TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to approve application of 370 High Street with conditions COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present √ David M. Blumenthal Absent Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 5. ACTION: ___ Motion to adjourn Meeting. ________ COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present √ √ David M. Blumenthal Absent Moshe Stareshefsky Absent √ Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 2|P age