Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a special meeting on June 25th, 2019 in the Council Chambers, City Hall, 330 Passaic Street at 7:30 p.m. and opened the meeting at 7:39 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: David Troast, Board Planner Douglas Kinz, Esq., Board Attorney MINUTES: 1. Minutes of the June 11th, 2019 meeting were presented to the Board for approval. A motion was made to approve Minutes of June 11th, by Commissioner Blumenthal, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion carried. NEW BUSINESS – CALENDAR Regular Board Meeting date revision from October 30th to October 29th, was presented to Board for approval. A motion was made to approve change from October 30th to October 29th Regular Board Meeting date by Vice Chairman Martinez, seconded by Commissioner Brisman, on a roll call vote, all in favor the motion passed. APPLICATIONS: 1. 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) 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES 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 has requested the hearing to be adjourned to July 9th. A motion to adjourn application of 115 President Street to July 9th, 2019, was made by Commissioner Brisman, seconded by Commissioner Hess, on a roll call vote, all in favor the motion passed. 2. Docket #ZB19-06, 63 Central Avenue, Block #4111.01, Lot# 37 in the M1 Zone District, applicant Antonio Sanchez of Brown Soul Tattoo 3 LLC, is seeking to establish a tattoo parlor, which is a conditional use of the M1 zone. The applicant is seeking a D (3) conditional use variance for store distance limitation which falls within 500 feet of a church, public and/or private school and any residential zone in the area and any other variance 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. Mr. Antonio Sanchez, applicant was sworn into the record. Mr. Sanchez continued with his testimony. Commissioner Stareshefsky had questions for the Board Professionals. Chairman Bazian asked D.Kinz for clarification on the need for the 500’ ft. distance limitation. D.Troast, Board Planner had comments for the Board. Commissioner Brisman had a question for the applicant regarding tattooing of possible gang members and signage. Commissioner Stareshefsky had questions about the applicant’s other locations. Vice Chairman Martinez had questions about Body Piercings and procedures monitoring minors. Chairman Bazian had several questions for the applicant. D.Kinz, Board Attorney, had several questions about hours of operation and has he been cited for any complaints in Newark & Exhibit A-1 – Commercial Lease Agreement (8 pages) was marked into evidence. Mr. Noel Perez, District 21 Tattoo Shop in Passaic, NJ had questions for the applicant. Commissioner Brisman had to leave the proceedings and stepped off the dais. A five minute break was taken at this point. Mr. Perez continued with his questioning. Commissioner Stareshefsky asked how many tattoo parlors exist in Passaic. D.Kinz, Board Attorney had some clarifications for the Board on the need for the D3 Variance, for 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES non-conforming with the requirements of the ordinance. He had additional questions for Mr. Sanchez. Chairman Bazian had questions for Mr. Sanchez. Commissioner Stareshefsky had several questions for the applicant. 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-2 Zoning Map was marked into evidence. Exhibit A-3 – Seven (7) Photographs of the neighboring area of the property. Exhibit A- D.Kinz, Board Attorney, had a follow-up question regarding photograph #7 of Exhibit A-3. Chairman Bazian had a question for our Board Attorney. Commissioner Stareshefsky had an additional question for Mr. Vince. 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. Commissioner Stareshefsky had a question for the witness. Chairman Bazian had questions for the witness. A motion to adjourn hearing of 63 Central Avenue application to July 30th, was made by Vice Chairman Martinez, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. ESCROWS: NONE RESOLUTIONS: 1. Docket# ZB15-07, 247-255 Gregory Ave, Block 2203, Lot 7, 17-19, 22 in the R-Zone, applicant The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, is requesting an extension to the approvals granted by Resolution on May 31st, 2016 to construct a house of worship. Extension Approved April 30th, 2019. A motion to approve Resolution for Extension for 247-255 Gregory Avenue, was made by Vice Chairman Martinez, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 3|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES 2. Docket #ZB19-01, 375 High Street, Block 3299, Lot 10, in the R-2 Zone, applicant Mr. Ronald Kloor, is seeking front yard variance, lot coverage variance and lot area variance in order to add an addition to a non-conforming triangular shape lot with existing one family home, and any other variances and/or waivers that may be required. Approved May 28th, 2019. A motion to approve Resolution for 375 High Street, was made by Commissioner Blumenthal, seconded by Commissioner Brisman, on a roll call vote, all in favor the motion passed. ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 9:58 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 4|P age JUNE 25TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to Minutes of June 11th, 2019 Meeting COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present Harold T. Hess Present David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent 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 change Board Meeting date of October 30th to October 29th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ √ Harold T. Hess Present √ David M. Blumenthal Present √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent 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 adjourn 115 President hearing to July 9th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ √ Harold T. Hess Present √ √ David M. Blumenthal Present √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent 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 JUNE 25TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to adjourn application of 63 Central Avenue to July 30th COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Present √ David M. Blumenthal Present √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent 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 approve Resolution of Extension for 247-255 Gregory Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Present √ David M. Blumenthal Present √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent 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 √ 6. ACTION: Motion to approve Resolution of 375 High Street COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent Harold T. Hess Present David M. Blumenthal Present Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent 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 JUNE 25TH, 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 Absent Harold T. Hess Present √ David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent 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|P age