Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a special meeting on July 9th, 2019 in the Council Chambers, City Hall, 330 Passaic Street at 7:30 p.m. and opened the meeting at 7:42 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 APPLICATIONS: 1. Docket #ZB18-16 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. Adjourned from June 11th, 2019. Item #1 of the agenda was read in the record. Mrs. Bianca Pereira, Esq., Attorney for the applicant was not present at the hearing. Mr. Manny Pereiras, Licensed Architect & Professional Planner of Union City, NJ was sworn into the record. Mr. Pereiras presented his qualifications to the Board. The Board accepted his qualifications. Mr. Pereiras continued with his testimony. A motion to carry the application of 15 High Street to July 30th, 2019, made by Commissioner Brisman seconded by Commissioner Blumenthal, 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 June 11th, 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. 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES A motion to carry the application of 19 High Street to July 30th, made by Commissioner Brisman, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 3. Docket #ZB19-07, 235 Lexington Avenue, Block#4105.01 Lot#65, in the O-R Zone, applicant Little Prints Daycare II LLC is requesting preliminary & final site plan approval and D (2) Expansion of Non-Conforming Use Variance to expand a pre-existing Day Care facility. This application will also need variances for minimum lot area, lot width, side yard, lot coverage, building height, parking and any other variances and/or waivers that may be required. FIRST APPEARANCE 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 has requested the hearing to be adjourned to July 9th. Mrs. Maritza Lopez, owner of Little Prints Daycare II LLC was sworn into the record. Mrs. Lopez continued with her testimony. Commissioner Brisman had questions for the applicant and wanted clarifications on what the Board should be considering for this application. D.Kinz, Board Attorney J.Santana, Zoning Officer submitted a revised & amended resolution dated March 26th, 2012. D.Kinz, Board Attorney read the resolution into the record. As per D.Kinz, Board Attorney, proper notice is in question and it is deficient. Commissioner Brisman asked for additional clarification from the Board Attorney. Chairman Bazian had questions for the Board Attorney. D.Kinz, Board Attorney advised Mr. Cohen the application needed to be republished. A motion to adjourn application of 235 Lexington Avenue to August 20th, 2019, was made by Commissioner Stareshefsky seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. 4. 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. Adjourned from June 25th, 2019. Item #3 of the agenda was read in the record. Mr. Gary E. Cohen, Esq., attorney for the applicant was present at the hearing. Mr. Cohen reintroduced the applicant and will restart the application and testimony. Mr. Ramirito Zuniga, owner of Zuniga Entertain LLC was sworn into the record. Mr. Zuniga continued with his testimony. Mr. Zuniga described the operations of his restaurant/bar/nightclub. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Commissioner Stareshefsky had several questions for Mr. Zuniga. Chairman Bazian had several questions for the applicant. Commissioner Stareshefsky had follow up questions. He had some comments for Mr. Zuniga to consider. A motion to adjourn application of 115 President Street to July 9th, 2019, was made by Commissioner Blumenthal, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. MINUTES: NONE ESCROWS: NONE RESOLUTIONS: NONE ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 9:40 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 3|P age JULY 9TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to carry application of 15 High Street to July 30th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ √ Harold T. Hess Absent David M. Blumenthal Present √ √ 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 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 2. ACTION: Motion to carry application of 19 High Street to July 30th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ √ Harold T. Hess Absent David M. Blumenthal Present √ 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 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 3. ACTION: Motion to adjourn application of 115 President Street to August 20th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ Harold T. Hess Absent David M. Blumenthal Present √ √ 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 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 1|P age JULY 9TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to adjourn application of 235 Lexington Avenue to August 20th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ Harold T. Hess Absent David M. Blumenthal Present √ 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 --- 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 Present √ Harold T. Hess Absent David M. Blumenthal Present √ √ 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 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 2|P age