Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a special meeting on October 29th, 2019 in the Council Chambers, City Hall, 330 Passaic Street at 7:30 p.m. and opened the meeting at 7:31 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 #ZB19-09 27 Monroe Street, Block 1006, Lot 1, in the R-3 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. To be Adjourned to December 10th. Item #1 of the agenda was read in the record. Mr. Frank Ferraro, Esq., Attorney for the applicant was not present at the hearing. Mr. Ferraro requested an adjournment of this hearing to December 10th, 2019. Chairman Bazian asked a question about the description of the application. A motion to adjourn hearing of 27 Monroe Street to December 10th, 2019, was made by Commissioner Blumenthal seconded by Vice Chairman Martinez, on a roll call vote, all in favor the motion passed. 2. Docket #ZB19-14 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/waivers that may be required. Adjourned from June 11th, 2019. 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Chairman Bazian asked Mr. Sarlo in regards to an email he sent about making a change to the application requesting residential lofts instead of apartments. Mr. Sarlo explains the changes he would like to make on the application going from a conditional variance to a use variance. Chairman Bazian asks attorney Charles Sarlo a question. Attorney Charles Sarlo explains the difference between a loft and an apartment. Chairman Bazian makes a comment. Board attorney Douglas Kinz makes a comment about the plans filed in the city coinciding with the changes attorney would like to make. Chairman Bazian makes a comment. Charles Sarlo makes a comment about notices being sent out. Board attorney Douglas Kinz makes a comment Board planner David Troast makes a comment saying this would be the first time the board reviews this conditional use as a variance. Commissioner Stareshefsky makes a comment in regards to the application. Attorney Charles Sarlo requests to withdraw the amendment in proceed under the original application so that they don’t have a problem with re noticing and because he has all the professionals there that the application stays the same so that they won’t have a problem with noticing. A motion to adjourn hearing of 30 Howe Avenue to November 12th, 2019 was made by Commissioner Graham-Woodson 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 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. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES 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 Blumenthal, seconded by Vice Chairman Martinez, on a roll call vote, all in favor the motion passed. MINUTES: NONE ESCROWS: NONE RESOLUTIONS: NONE 3|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES 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 October 29TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to adjourn application of 27 Monroe Street to December 10th 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present  Harold T. Hess Absent David M. Blumenthal Present   MOSHE STARESHEFSKY Absent  Jonathan D. Pittinsky Present  Sheila Graham-Woodson Alt # 1 Absent Yolanda Soto Alt # 2 Present  Juan C. Lozano-Rosas Alt # 3 Absent Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present   Menachem Bazian Chairman Absent  2. ACTION: Motion to adjourn application of 30 Howe Avenue December 10th COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present  Harold T. Hess Absent David M. Blumenthal Present   Moshe Stareshefsky Absent   Jonathan D. Pittinsky Present  Sheila Graham-Woodson Alt # 1 Absent Yolanda Soto Alt # 2 Present  Juan C. Lozano-Rosas Alt # 3 Absent Vacant Alt # 4 --- Deiby Martinez Vice Chairman Absent Menachem Bazian Chairman Absent  3. ACTION: Motion to adjourn application of 81 Hope Avenue to November 12th, 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 Absent Yolanda Soto Alt # 2 Present √ Juan C. Lozano-Rosas Alt # 3 Absent Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Absent 1|P age October 29TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. 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 Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Absent Yolanda Soto Alt # 2 Present √ √ Juan C. Lozano-Rosas Alt # 3 Absent Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Absent 2|P age