Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a special meeting on June 11th, 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 √ 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 the April 30th, 2019 meeting were presented to the Board for approval. A motion was made to approve Minutes of April 30th, 2019 by Vice Chairman Martinez, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion carried. 2. Minutes of the May 28th, 2019 meeting were presented to the Board for approval. A motion was made to approve Minutes of May 28th, 2019 by Commissioner Blumenthal, seconded by Commissioner Pittinsky, on a roll call vote, all in favor the motion carried. NEW BUSINESS – CALENDAR Tentative Regular Board Meeting dates for July thru December 2019 inclusive of July 9th & July 30th, adopted at the meeting of May 28th, 2019 were presented to Board for approval. A motion was made to approve July-December 2019 Regular Board Meeting dates by Commissioner Graham-Woodson, seconded by Commissioner Blumenthal, on a roll call vote, all in favor the motion passed. APPLICATIONS: 1. Docket #ZB18-16 15 High Street, Block 2207, Lot 36, in the R-3 Zone, applicant Rodrigo 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Campos, is seeking site plan and variance approval to install a driveway in front of his property. Adjourned from April 9th, 2019, to be adjourned to July 9th, 2019. 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 the hearing of 15 High Street to July 9th, 2019, made by Commissioner Blumenthal, seconded by Commissioner Pittinsky, 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. Adjourned from April 9th, 2019, to be adjourned to July 9th, 2019. Item #3 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 the hearing of 15 High Street to July 9th, 2019, made by Commissioner Blumenthal, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 3. Docket #ZB-18-14 120 Passaic Avenue, Block #3214, Lot 21 in the OR-1A Zone, applicant Jose Sandoval is requesting preliminary & final site approval to convert an existing one family residence into commercial antique store and residence. This application will also require a D (1) use variance and any other variances and/or waivers that may be required. FIRST APPEARANCE. Item #1 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. Mr. Joseph Vince, Licensed Engineer and Planner of Oakland, 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 A-1 – Description Survey & Land Use maps were marked into evidence Exhibit A-2 – Google Aerial View Photo was marked into evidence. Exhibit A-3 – Site Plan Sheet 1 was marked into evidence. Mr. Vince described each exhibit and its content. Chairman Bazian had questions for Mr. Vince. D.Kinz, Board Attorney had clarifications regarding the use of the term Home Occupational Use by Mr. Vince and that this application does not comply with the use. This application is for a commercial use in a Office/Residential Zone. David Troast, Board Planner had comments for the witness. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Chairman Bazian had comments for Mr. Cohen and Mr. Vince. David Troast had additional comments for Mr. Vince. Commissioner Blumenthal had questions for Mr. Vince. Chairman Bazian had questions for the witness. D.Kinz, Board Attorney reminded the applicant that if variance were to be granted, he would need an Antique License as required by the State. Chairman Bazian had additional questions. Applicant requested continuance of the hearing. A motion to adjourn application of 120 Passaic Avenue to July 30th, 2019, made by Commissioner Blumenthal, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 4. Docket #ZB19-08, 137 Elmwood Avenue Block #3303.02, Lot #34, in the R-1 Zone, applicant Joseph and Sharon Klein are proposing an addition to the back and side of their property, to expand their one (1) family home. This application will require variances for minimum side yard setback, and any other variances and/or waivers that may be required. FIRST APPEARANCE Item #5 of the agenda was read in the record. Mr. Joseph Klein, the applicant was present at the hearing. Mr. Klein introduced the application to the Board. Mr. William Martin, Licensed Architect of Westwood, NJ was sworn into the record. Mr. Martin has presented before this Board on many occasions . The Board accepted his qualifications. Mr. Martin continued with his testimony. Chairman Bazian asked Mr. Martin what new variances would be created by this application. D.Kinz, Board Attorney advised that this application will more likely be considered a C-2 Variance. Mr. Joseph Klein, owner of 137 Elmwood Avenue was sworn into the record. Chairman Bazian had a few questions for the applicant. Chairman Bazian opened the public portion of the hearing. A motion to close public portion of 137 Elmwood Avenue hearing was made by Commissioner Blumenthal, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. A motion to approve application of 137 Elmwood Avenue, made by Vice Chairman Martinez, seconded by Commissioner Pittinsky, on a roll call vote, all in favor the motion passed. 3|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES 5. Docket#ZB19-03, 115 President Street, Block#4064, Lot#28 in the R-3 Zone, applicant Zuniga Entertainment LLC is seeking preliminary and final site plan approval and d (2) expansion of non- conforming use variance to construct an outside patio area and stage area, an expansion of their nightclub and restaurant operations. This application will also require variances for front yard fence and side yard fence height and parking variance along with any other variance and/or waivers that may be required. FIRST APPEARANCE (ADJOURNED FROM APRIL 30TH, 2019) Item #4 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. Mr. Vicente Varela, Licensed Architect of NJ was sworn into the record. Mr. Varela presented his qualifications to the Board. The Board accepted his qualifications. Mr. Varela continued with his testimony. Chairman Bazian had questions for Mr. Varela regarding amount of parking spaces required at this property. Commissioner Pittinsky had questions for the witness. Chairman Bazian had additional questions. Commissioner Blumenthal had questions for Mr. Varela. Commissioner Graham-Woodson questioned on the amount of restrooms. Chairman Bazian asked for clarification from the Zoning Official, J.Santana on the required parking spaces necessary for this structure for this Zone. D.Troast, Board Planner quoted Zoning Ordinance 317-12F regarding parking requirements. Chairman Bazian had additional questions for the witness. D.Troast, advised the applicant that the weight of this application will fall on Planner & Noise Expert. Commissioner Graham-Woodson had questions for Mr. Varela. A motion to adjourn application of 115 President Street to June 25th, 2019, made by Commissioner Blumenthal, seconded by Commissioner Lozano-Rosas, on a roll call vote, all in favor the motion passed. ESCROWS: NONE RESOLUTIONS: NONE 4|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 10:15 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 5|P age JUNE 11TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to adopt ZB Calendar for July – December 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Absent Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 2. ACTION: Motion to Minutes of April 30th, 2019 Meeting COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Absent David M. Blumenthal Present Moshe Stareshefsky Absent Jonathan D. Pittinsky Present Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Absent Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 3. ACTION: Motion to Minutes of May 28th, 2019 Meeting COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Absent Juan C. Lozano-Rosas Alt # 3 Present Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present 1|P age JUNE 11TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to adjourn hearing of 15 High Street to July 9th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Absent Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 5. ACTION: Motion to adjourn hearing of 19 High Street to July 9th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Absent Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 6. ACTION: Motion to adjourn hearing of 120 Passaic Avenue to July30th COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Absent Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 2|P age JUNE 11TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 7. ACTION: Motion to adjourn hearing of 115 President Street to June 25th COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Absent Juan C. Lozano-Rosas Alt # 3 Present √ √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 8. ACTION: Motion to close public portion of 137 Elmwood Avenue hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Absent Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 9. ACTION: Motion to approve application of 137 Elmwood Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Absent David M. Blumenthal Present √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Absent Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 3|P age JUNE 11TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 10. ACTION: ___ Motion to adjourn Meeting. ________ COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Absent Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 4|P age