Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a special meeting on September 19th, 2019 in the Council Chambers, City Hall, 330 Passaic Street at 7:30 p.m. and opened the meeting at 7:37 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 #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 present at the hearing. A motion to adjourn the application of 15 High Street to November 14th, 2019, made by Commissioner Pittinsky seconded by Commissioner Lozano-Rosas, 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 #4 of the agenda was read in the record. Mrs. Bianca Pereira, Esq., Attorney for the applicant was present at the hearing. Mrs. Pereira reintroduced the application to the Board Exhibit A-2 Construction Permit October 7th, 2004 and Construction Permit Notice dated October 7th, 2004 was marked into evidence. 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Acting Chairman Brisman asked D. Kinz, Board Attorney for clarification about the submittal of the Construction Permits and reasoning for the applicant’s presence before the Board if permits were issued. Mr. Manuel Pereiras was recalled to testify. Exhibit A-3 – Aerial pictures of the property was marked into evidence. Acting Chairman Brisman had question for J.Santana, Zoning Officer regarding the permit procedures of the Construction Department. Vice Chairman Martinez had questions for the applicant. Acting Chairman Brisman had follow-up questions for J.Santana. D.Troast, Board Planner had comments for the Board in regards to the bordering properties. D.Kinz, Board Attorney had questions for Mrs. Pereiras. Commissioner Graham-Woodson asked D. Kinz for clarification on the precedent this application might create. Acting Chairman Brisman had comments for the applicant on the application. Mr. Joe Conoscenti, resident of 170 Broadway had questions for the witness. Commissioner Pittinsky had questions for Mr. Pereiras. Commissioner Graham-Woodson had follow-up questions. Acting Chairman Brisman opened the public portion of the hearing. A motion to close the public portion of the 19 High Street hearing was made by Commissioner Graham-Woodson seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. Commissioner Soto had comments for the applicant. D.Kinz, Board Attorney had recommendations for the applicant’s Counsel about a revised plan for the proposed landscaping. A motion to adjourn the hearing of 19 High Street to November 12th, 2019, was made by Commissioner Pittinsky seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. 3. 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 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES 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 resent at the hearing. Mr. Wasserstrum presented the application to the Board. Mr. Michael Romanik, Licensed Architect & Planner of Paterson, NJ was sworn into the record. Mr. Romanik has testified before this Board on various occasions, the Board accepts his qualifications. Mr. Romanik continued with his testimony. Acting Chairman Brisman had a question for Mr. Romanik. D.Kinz, Board Attorney ask Mr. Romanik for clarification on the existing floor plans. Acting Chairman Brisman had additional questions for the witness. He had follow-up questions and comments for Mr. Romanik. D.Troast, Board Attorney referenced his report, page 2 aerial pictures on the conditions of neighboring properties. Acting Chairman Brisman had additional questions for the witness. D.Kinz, Board Attorney had questions for Mr. Romanik. Acting Chairman Brisman had follow-up questions. D.Troast, Board Planner had questions for Mr. Romanik. Mr. Chrag Patel, owner of the property was sworn into the record. Mr. Patel continued with his testimony. Acting Chairman Brisman had questions for Mr. Patel. D.Kinz, Board Attorney had a question for Mr. Patel. Commissioner Soto had questions for the witness. Acting Chairman Brisman had additional questions. D.Kinz, Board Attorney also had additional questions. A motion to adjourn the application of 81 Hope Avenue to November 12th, 2019, made by Commissioner Graham-Woodson seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. MINUTES: NONE 3|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES ESCROWS: NONE RESOLUTIONS: NONE ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 9:47 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 4|P age SEPTEMBER 19TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to adjourn application of 15 High Street to November 12th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Absent Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 Present √ √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Absent 2. ACTION: Motion to adjourn application of 19 High Street to November 12th, 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Absent Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Present √ √ Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Absent 3. ACTION: Motion to close public portion of hearing of 81 Hope Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Absent Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Absent 1|P age SEPTEMBER 19TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to adjourn application of 81 Hope Avenue 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 Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 Present √ √ Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Absent 5. 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 Absent Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 Present √ √ Juan C. Lozano-Rosas Alt # 3 Present √ Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Absent 2|P age