Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a regular meeting on November 26th, 2019 in the Council Chambers, City Hall, 330 Passaic Street at 7:30 p.m. and opened the meeting at 7:49 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 Ricardo Fernandez, Executive Director Redevelopment Agency/Board Planner Douglas Kinz, Esq., Board Attorney MINUTES: 1. Minutes of the June 25th, 2019 meeting were presented to the Board for approval. A motion was made to approve Minutes of June 25th, by Vice Chairman Martinez, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion carried. NEW BUSINESS – CALENDAR: 1. Tentative Board Calendar for January-June 2020 was submitted to the Board for approval. A motion to approve the Board Calendar for January-June 2020, made by Commissioner Graham-Woodson, seconded by Commissioner Blumenthal, on a roll call vote, all in favor the motion passed. RESOLUTIONS: 1. 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. Approved on September 17th, 2019. A motion to approve the Resolution of 235 Lexington Avenue, was made by 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Commissioner Brisman, seconded by Commissioner Blumenthal, 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. Approved on September 17th, 2019 with conditions. A motion to approve the Resolution of 63 Central Avenue, was made by Commissioner Stareshefsky, seconded by Commissioner Blumenthal, on a roll call vote, all in favor the motion passed. APPLICATIONS: 3. 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 present at this hearing. Chairman Bazian advised the Board, applicants, opponents and the public this application has come to it’s completion and now the attorney and opposing counsel will summarize their case. Mr. Laporte began his summation. Mr. Rosenberg gave his summation. Mr. Sarlo concluded the summations. D.Kinz, Board Attorney addressed the Board & all counsel and provided his legal opinion. He advised the Board will need to determine if the property is a junk yard. Chairman Bazian asked the Board for their determination. Commissioner Brisman had comments and his opinion for the Board. A motion to affirm the property 705-713 River Drive is indeed a junkyard, made by Commissioner Brisman seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. Commissioner Stareshefsky expressed his opinion as well. Commissioner Soto had comments and opinions as well. Commissioner Blumenthal had comments. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES D.Kinz, Board Attorney had additional recommendations for the Board. The Board imposed the following conditions: 1. Butler Building must be built within 6 months of all final approvals. 2. Our approval contingent on other approvals from other Agencies. 3. Landscaping Plan A motion to approve the application of 705-713 River Drive with conditions, made by Commissioner Brisman seconded by Vice Chairman , on a roll call vote, all in favor the motion passed. 4. 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 Waserstrum, Esq., Attorney for the applicant was present at the hearing. A motion to adjourn the application of 81 Hope Avenue to December 10th, 2019, made by Vice Chairman Martinez seconded by Commissioner Brisman, on a roll call vote, all in favor the motion passed. 5. 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 a 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. A motion to table and then recall the application of 64 Broadway, was made by Commissioner Stareshefsky seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. Mr. Allende Matos, Licensed Architect & Professional Planner of Passaic, NJ was sworn into the record. Mr. Matos has presented befor this Board on various occasions. The Board accepted his qualifications. Mr. Matos continued with his testimony. Mr. Matos described the property and the proposed plan. Commissioner Stareshefsky had questions for our R. Fernandez, Board Planner regarding the (d) variance required. He also had questions for the witness Mr. Matos. 3|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Chairman Bazian had questions for Mr. Matos. Commissioner Stareshefsky had follow-up questions. R.Fernandez, Board Planner had questions for Mr. Matos regarding the length of vacancy and have they tried to acquire parking spaces for the property. He wanted to clarify the amount for the parking space requirement. Commissioner Brisman had comments for the Board. R.Fernandez, Board Planner had additional comments for the Board. Chairman Bazian opened the public portion of the hearing. Steven Siklosi, resident of 23 Orchard Street had several questions for the applicant. A motion to close the public portion of the 64 Broadway hearing was made by Commissioner Stareshefsky, seconded by Commissioner Blumenthal, on a roll call vote, all in favor the motion passed. The Board imposed a Payment in Lieu of Parking Fee of $30,000.00 to be paid before obtaining Certificate of Occupancy. A motion to approve application of 64 Broadway, was made by Commissioner Soto, seconded by Commissioner Stareshefsky, on a roll call vote, all in favor the motion passed. ESCROWS: NONE ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 10:45 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 4|P age NOVEMBER 26TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to approve ZBA Calendar for January-June 20 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 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 approve Minutes of June 25th, 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 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 affirm 705-713 River Drive property is a junkyard 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 NOVEMBER 26TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to approve application of 705-713 River Drive with conditions 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 table and recall 64 Broadway hearing 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 √ 6. ACTION: Motion to application of 81 Hope Avenue 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 NOVEMBER 26TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 7. ACTION: Motion to close public portion of 64 Broadway hearing 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 √ 8. ACTION: Motion to approve application of 64 Broadway (PILOP - $30,000) 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 √ 9. ACTION: Motion to approve Resolution of 235 Lexington Avenue application 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|P age NOVEMBER 26TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 10. ACTION: Motion to approve Resolution 63 Central Avenue application 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 √ 11. 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 √ 4|P age