Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a regular meeting on September 17th, 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 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 David Troast, Board Planner Douglas Kinz, Esq., Board Attorney APPLICATIONS: 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. CARRIED FROM AUGUST 20TH, TO BE ADJOURNED TO OCTOBER 7TH, 2019. Item #1 of the agenda was read in the record. Mr. Charles Sarlo, Esq., attorney for the applicant, Mr. Bruce Rosenberg, Opposing Counsel & Mr. Phillip LaPorta, Esq. Opposing Counsel for the Borough of Rutherford, were not present at this hearing. A motion to adjourn the application of 705-713 River Drive to October 7th, 2019, made by Commissioner Blumenthal, seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. 2. 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. ADJOURNED FROM JUNE 11TH, 2019. CARRIED FROM AUGUST 20TH, APPLICATION WITHDRAWN. 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Item #2 of the agenda was read in the record. Mr. Gary Cohen, Esq., Attorney for the applicant was present at the hearing. Applicant has withdrawn the application. No further action is required from the Board at this time. 3. 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 #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 application of 15 High Street to September 19th, 2019, made by Commissioner Pittinsky seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 4. 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 #4 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 application of 19 High Street to September 19th, 2019, made by Commissioner Pittinsky, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 5. Docket #ZB19-09, 27 Monroe Street, Block# 1006, Lot# 1 in the R3 Zone District, Applicant T- Mobile Northeast LLC, is seeking D (3) Conditional Use Variance to install a cell tower at the property referenced above. Cell towers are a conditional use permitted in the M1 and M2 zone districts. FIRST APPEARANCE. CARRIED FROM AUGUST 20TH. TO BE ADJOURNED TO OCTOBER 29TH. Item #8 of the agenda was read in the record. Mr. Frank Ferraro, Esq., Attorney for the applicant was not present at the hearing. A motion to adjourn the application of 27 Monroe Street to October 29th, 2019, made by Commissioner Blumenthal, seconded by Vice Chairman Martinez, on a roll call vote, all in favor the motion passed. 6. Docket #ZB19-12, 81 Hope Avenue, Block #4089 Lot(s) #12, in the R-3 Zone, applicant Chrag Patel & Shital Patel, are seeking preliminary & final site plan approval and D (5) Density Variance for the adaptive re-use of ground floor/first floor vacant recreational space into one (1) residential unit consisting of one (2) bedroom apartment and any other variances and/or waivers that may be required. FIRST APPEARANCE. TO BE ADJOURNED TO SEPTEMBER 19TH, 2019 Item #9 of the agenda was read in the record. Mr. Bennett Wasserstrum, Esq., Attorney for the applicant was not present at the hearing. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES A motion to adjourn the application of 81 Hope Avenue to September 19th, 2019, made by Commissioner Blumenthal, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 7. Docket #ZB19-14 446 30 Howe Avenue, Block 2157, Lot 47, in the C Zone, applicant 30 Howe Avenue Realty LLC, is seeking preliminary & final site plan and D1 Use variance approval to convert an existing three (3) story building into mixed-commercial/residential consisting of 12 units of six (6) one- bedroom and six (6) two-bedroom on the 2nd and 3rd floors and any other variances and/or waivers that may be required. FIRST APPEARANCE. TO BE ADJOURNED OCTOBER 29TH, 2019. Item #10 of the agenda was read in the record. Mr. Charles Sarlo, Esq., Attorney for the applicant was not present at the hearing. A motion to adjourn the application of 30 Howe Avenue to October 29th, 2019, made by Vice Chairman Martinez, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 8. 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 #5 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. John McDonough, Licensed Planner of Morristown, NJ was sworn into the record. Mr. McDonough presented his qualifications to the Board. The Board accepted his qualifications. Mr. McDonough continued with his testimony. Commissioner Pittinsky had questions for the witness Mr. Ramiro Zuniga was recalled to testify. Commissioner Stareshefsky had comments and questions for the applicant D.Kinz, Board Attorney requested a parking lease with a five (5) year/five (5) year renewal option Alexandra Pollito registered architect for the state of NJ was sworn into the record. Ms. Pollito presented her qualification to the Board. Ms Pollito continued with her testimony Acting Chairman had a question for the applicant. He also had comments for the applicant. Commissioner Graham Woodson had a question for the applicant. 3|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Acting Chairman Brisman had a question for the applicant. Commissioner Stareshefsky had a question for the applicant. Commissioner Graham Woodson had a question for the applicant. Exhibit A-1 – color rendering of exterior/patio was marked into evidence. Planner David Troast had questions for the applicant. Acting Chairman Brisman opened the public portion of the hearing. A motion to adjourn application of 115 President Street, was made by Commissioner Blumenthal, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 9. 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. ADJOURNED FROM JUNE 25TH, 2019. CARRIED FROM AUGUST 20TH. TO BE CARRIED TO SEPTEMBER 17TH, 2019. Item #6 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. Acting Chairman Brisman had questions for the applicant The board imposed the following conditions: 1. No offensive advertising, No depictions of body parts with tattoos 2. The skull logo will not be part of the sign 3. Must close at 8pm Commissioner Graham-Woodson had questions for the applicant. Commissioner Soto also had questions for the applicant Commissioner Stareshefsky had comments for the board and the applicant Acting Chairman Brisman had a question for the applicant Board Attorney D. Kinz addressed commissioner Stareshefsky concerns Commissioner Vice Chairman Martinez had questions for the applicant Acting Chairman Martinez expressed his opinion on imposing such condition that we will never be able to enforce 4|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES A motion to approve application of 63 Central Avenue with conditions, was made by Commissioner Blumenthal, seconded by Commissioner Martinez, on a roll call vote, all in favor the motion passed. 10. 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 #7 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 application to the board. Ms Maritza Lopez, represented for the applicant was sworn into the record D.Kinz, Board Attorney had a question for the applicant. Acting Chairman Brisman had a question for the applicant Commissioner Stareshefsky had a question for the applicant Acting Chairman Brisman had a question for the applicant Commissioner Stareshefsky had a question for the board attorney Ms. Lopez continued with her testimony. Ms. Lopez stated hours of operation are from 6:30am-6pm. Board Attorney Doug had questions for the applicant Commissioner Stareshefsky had questions for the applicant Acting Chairman Brisman had additional questions for Ms. Lopez Mr. Frank D. Mileto, Licensed Architect & Professional Planner of Long Valley, NJ was sworn into the record. Mr. Mileto presented his qualifications to the Board. The Board accepted his qualifications. Mr. Mileto continued with his testimony. Acting Chairman Brisman had a comment for Mr. Mileto Exhibit A-1 – Letter of Manual of Requirements for Child Care Centers dated March 31st 2017 from the NJ division of children and family services was marked into evidence 7pages. Exhibit A-2 – A License Certificate of Approval dated April 24th 2018 was marked into evidence 3 pages Exhibit A-3 – Annual log for fire drills and lockdown drills 3 pages was marked into evidence August 16th 2019 Board Attorney Doug will make copies of documents marked into evidence for the board. 5|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Acting Chairman Brisman opened the public portion of the hearing. A motion to close the public portion of the 235 Lexington 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 235 Lexington Avenue, was made by Commissioner Pittinsky, seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. 11. Docket #ZB19-04, 64 Broadway, Block 2152 Lot(s) 32 in the C-R Zone District, Applicant Shree Vasudev Krishnay LLC. is requesting preliminary and final site plan approval and D (5) density variance, to convert an existing office space on 2nd floor and 3rd floor into residential apartments for a total of three (3) residential units and commercial units on the first floor along with variances for lot size, lot width, lot depth, front yard setback, rear yard setback, side yard setbacks, lot coverage, open space, parking and any other variances and/or waivers that may be required. FIRST APPEARANCE. TO BE CARRIED TO SEPTEMBER 5TH, 2019, TO BE CARRIED TO SEPTEMBER 17TH, 2019. Item #7 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. Mr. Allende Matos, Licensed Architect & Professional Planner of Passaic, NJ was sworn into the record. Mr. Matos presented his qualifications to the Board. The Board accepted his qualifications. Mr. Matos continued with his testimony. Acting Chairman Brisman opened the public portion of the hearing. A motion to adjourn application of 64 Broadway to October 7th, 2019, was made by Commissioner Blumenthal, seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. MINUTES: NONE ESCROWS: 1. 158-170 Passaic Street – ZB16-18 Escrow Deposit - $8,250.00 $ 931.50 – Board Attorney $4400.00 – Board Planner $ 222.38 – General Account $2696.12 – Applicant Passaic Tiffany Realty Inc. A motion to approve Escrow Resolution for 158-170 Passaic Street was made by Vice Chairman Martinez, seconded by Commissioner Pittinsky, on a roll call vote, all in favor the motion passed. RESOLUTIONS: 1. Docket #ZB19-08, 137 Elmwood Avenue Block #3303.02, Lot #34, in the R-1 Zone, applicant 6|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES 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. Approved on June 11th, 2019. A motion to approve Resolution of 137 Elmwood Avenue, was made by Commissioner Blumenthal, seconded by Commissioner Pittinsky, on a roll call vote, all in favor the motion passed. ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 10:36 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 7|P age SEPTEMBER 17TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to adjourn 705-713 River Drive hearing to October 7th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present  Harold T. Hess Absent David M. Blumenthal Present   Moshe Stareshefsky Present Jonathan D. Pittinsky Present  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 Absent 2. ACTION: Motion to adjourn hearing of 15 & 19 High Street to September 19th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present  Harold T. Hess Absent David M. Blumenthal Present  Moshe Stareshefsky Present Jonathan D. Pittinsky Present   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 Absent 3. ACTION: Motion to adjourn hearing of 27 Monroe Street to October 29th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present  Harold T. Hess Absent David M. Blumenthal Present   Moshe Stareshefsky Present Jonathan D. Pittinsky Present 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 Absent 1|P age SEPTEMBER 17TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to adjourn hearing of 81 Hope Avenue to September 19th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present  Harold T. Hess Absent David M. Blumenthal Present   Moshe Stareshefsky Present Jonathan D. Pittinsky Present  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 Absent 5. ACTION: Motion to adjourn hearing of 30 Howe Avenue to October 29th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present  Harold T. Hess Absent David M. Blumenthal Present  Moshe Stareshefsky Present Jonathan D. Pittinsky Present  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 Absent 6. ACTION: Motion to Adjourn application of 115 President Street 11/12/19 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Present √ Jonathan D. Pittinsky Present √ 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 Absent 2|P age SEPTEMBER 17TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 7. ACTION: Motion to Approve application of 63 Central Avenue w/conditions COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present  Harold T. Hess Absent David M. Blumenthal Present   Moshe Stareshefsky Present  Jonathan D. Pittinsky Present  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 Absent 8. ACTION: Motion to close public portion of 235 Lexington Avenue hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present  Harold T. Hess Absent David M. Blumenthal Present   Moshe Stareshefsky Present  Jonathan D. Pittinsky Present  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 Absent 9. ACTION: Motion to Approve application of 235 Lexington Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present  Harold T. Hess Absent David M. Blumenthal Present  Moshe Stareshefsky Present  Jonathan D. Pittinsky Present   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 Absent 3|P age SEPTEMBER 17TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 10. ACTION: Motion to Adjourn application of 64 Broadway 10/7/19 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present  Harold T. Hess Absent David M. Blumenthal Present   Moshe Stareshefsky Present  Jonathan D. Pittinsky Present  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 Absent 11. ACTION: Motion to approve Escrow Resolution of 158-170 Passaic Street application COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present  Harold T. Hess Absent David M. Blumenthal Present  Moshe Stareshefsky Present  Jonathan D. Pittinsky Present   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 Absent 12. ACTION: Motion to approve Resolution of 137 Elmwood Avenue application COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present Harold T. Hess Absent David M. Blumenthal Present   Moshe Stareshefsky Present Jonathan D. Pittinsky Present   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 Absent 4|P age SEPTEMBER 17TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 13. 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 Present √ Moshe Stareshefsky Present √ √ Jonathan D. Pittinsky Present √ 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 Absent 5|P age