Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a special meeting on December 10th, 2019 in the Mayor’s Conference Room 2nd Floor, City Hall, 330 Passaic Street at 7:30 p.m. and opened the meeting at 7:39 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, Acting Board Planner Douglas Kinz, Esq., Board Attorney MINUTES: 1. Minutes of the November 26th, 2019 meeting were presented to the Board for approval. A motion was made to approve Minutes of November 26th, by Commissioner Graham-Woodson, seconded by Commissioner Stareshefsky, on a roll call vote, all in favor the motion carried. ESCROWS: NONE RESOLUTIONS: 1. Resolution awarding Contract for Zoning Board of Adjustment Attorney to Douglas J. Kinz, Esq. for the fiscal year January 1, 2020 to December 31, 2020. A motion was made to approve Resolution awarding Zoning Board of Adjustment Attorney to Douglas J. Kinz, Esq. by Vice Chairman Martinez seconded by Commissioner Stareshefsky, on a roll call vote, all in favor, the motion carried. 2. Resolution awarding Contract for Zoning Board of Adjustment Board Planner to Plan 2 Consultants for the fiscal year January 1, 2020 to December 31, 2020. 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES A motion was made to approve Resolution awarding Zoning Board of Adjustment Board Planner Contract to Plan 2 Consultants by Vice Chairman Martinez, seconded by Commissioner Hess, on a roll call vote, all in favor, the motion carried. COMMUNICATION: 1. Notice of Scoping Hearing regarding a proposal to dispose of 1.44 acres of Veterans Memorial Third Ward Park as part of a land exchange with a private developer to expand Pulaski Park/Dundee Island to be heard December 18th, 2019. Scoping hearing is to solicit public input on the proposed land exchange prior to the filing of a formal diversion application with Green Acres Program. CARRIED FROM CANCELED MEETING OF NOVEMBER 12TH, 2019. 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 February 25th, 2020. 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 February 25th, 2020. A motion to adjourn the hearing of 27 Monroe Street to February 25th, 2020, was made by Commissioner Graham-Woodson, seconded by Commissioner Stareshefsky, on a roll call vote, all in favor the motion passed. 2. Docket #ZB19-10, 92 Lafayette Avenue, Block #3211, Lot #1, in the R-1A Zone, Ace Holding Partners LLC are proposing preliminary and final site plan approval, D1 & D2 Variances to convert an existing legal non-conforming three family home in the R-1A zone to a four family home. This application will require variances for, side yard setback, and any other variances and/or waivers that may be required. FIRST APPEARANCE. Item #6 of the agenda was read in the record. Mr. Gary Cohen, Esq., Attorney for the applicant was present at the hearing. Mr. Cohen was informed by the Acting Chairman that were more than likely not going to have enough time to hear this application. Mr. Cohen and his application agreed to adjourn to the next available date. A motion to adjourn application of 92 Lafayette Avenue to January 14th, 2020 was made by Vice Chairman Martinez, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 3. 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 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES fence and side yard fence height and parking variance along with any other variances and/or waivers that may be required. ADJOURNED FROM SEPTEMBER 17TH, 2019. Item #2 of the agenda was read in the record. Mr. Gary E. Cohen, Esq., attorney for the applicant was present at the hearing. Mr. Cohen introduced his last witness and had some closing statements. Mr. Norman Dotti, Licensed Sound Engineer of NJ was sworn into the record. Mr. Dotti presented his qualifications and experience to the Board. The Board accepted his qualifications. Mr. Dotti continued with his testimony as it relates to the acoustic of the proposed application. Acting Chairman Brisman questioned if Mr. Dotti completed or submitted a noise report. Mr. Dotti stated he did not. He had additional questions. Commissioner Stareshefsky questioned who will design sound system. He had additional questions. Acting Chairman Brisman questioned if applicant is amiable to such conditions if limiters are a condition of approval. Commissioners Stareshefsky & Graham-Woodson had questions for the witness. Mr. Ramiro Zuniga was recalled to testify and respond to Commissioner Graham-Woodson’s concerns. Commissioner Hess had questions for Mr. Dotti. R. Fernandez, Acting Board Planner had comments for the Board. Commissioner Soto had questions for Mr. Zuniga. R. Fernandez, Acting Board Planner clarified the Event application process for the Board. D. Kinz, Board Attorney had questions for Mr. Dotti. Commissioner Stareshefsky had additional questions for Mr. Dotti. Acting Chairman Brisman had comments. Mr. Joe Conoscenti, 170 Broadway had questions for the witness. Mr. Cohen had closing statement for the Board. Acting Chairman Brisman opened the public portion of the hearing. Mr. Joe Conoscenti, 170 Broadway had comments regarding this application. Acting Chairman Brisman asked Mr. Fernandez about his experience as Business Administrator if he has knowledge of any problem or issues at this venue. Mr. Fernandez stated no complaints have come to the Administration or Council. 3|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES A motion to close the public portion of the 115 President Street hearing was made by Commissioner Soto seconded by Commissioner Stareshefsky, on a roll call vote, all in favor the motion passed. Board imposed the following conditions: 1. Programmable digital limiter password protected with amplification 2. Installation be overseen by Mr. Dotti 3. No amplification other than the house system 4. Contract with entertainers must be made to reflect conditions 5. Lighting must not spill out to neighbors to satisfaction of City Engineer. 6. Full force & effect of 10-year parking Lease. Exhibit A-1 Two (2) 10-Year Lease for Parking was marked into evidence. A motion to approve application of 115 President Street with the conditions listed above was made by Commissioner Stareshefsky seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. 4. 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 October 29th, 2019. Item #4 of the agenda was read in the record. Mr. Charles Sarlo, Esq., Attorney for the applicant was present at the hearing. Mr. Sarlo gave a recap of the application to the Board. Parking demand is Mr. Anthony Albano, Licensed Civil Engineer of Stonefeld Engineering, Rutherford NJ was sworn into the record. Mr. Albano presented his qualifications. His qualifications were accepted by the Board. Mr. Albano continued with his testimony. Acting Chairman Brisman had questions for the witness. Commissioner Graham-Woodson had questions for Mr. Albano. Commissioner Stareshefsky had follow-up questions R. Fernandez, Acting Board Planner had questions for the witness. Mr. Kenneth Nelson, Licensed Planner in NJ was sworn into the record. Mr. Nelson testified before this Board on various occasions, the Board accepts his qualifications. Mr. Albano continued with his testimony. Mr. James Smine, 4 Pine Street had questions for Mr. Nelson. Mr. Joe Conoscenti, 170 Broadway had questions for the witness. 4|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Acting Chairman Brisman had questions for Mr. Nelson. R. Fernandez, Acting Board Planner had comments and opinions of this application for the Board. And advised the Board of the Payment in Lieu of Parking Ordinance and implications for the need for a parking variance for the application. Parking requirement is 23 spaces. Commissioner Stareshefsky had questions for Mr. Fernandez. Mr. Sarlo asked Mr. Fernandez for clarification of the Payment in Lieu of Parking Ordinance. D. Kinz, Board Attorney interpreted the Payment in Lieu of Parking Ordinance for the Board. He advised the Board what options are available in voting on this application with the existing conflict. Commissioners Stareshefsky & Pittinsky had comments for the Board. Acting Chairman Brisman opened the public portion of the hearing. Mr. Joe Conoscenti, 170 Broadway had comments for the Board. A motion to close the public portion of the 30 Howe Avenue hearing was made by Commissioner Hess seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. Acting Chairman Brisman is making a motion to approve this application without applying the determination of the Parking Variances. A motion to approve application of 30 Howe Avenue was made by Commissioner Brisman seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. 5. 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. Adjourned from October 29th, 2019. Item #3 of the agenda was read in the record. Mr. Bennett Wasserstrum, Esq., Attorney for the applicant was present at the hearing. Mr. Wasserstrum presented the application to the Board. A motion to approve application of 81 Hope Avenue, made by Vice Chairman Martinez seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 6. Docket #ZB19-16, 510 Harrison Street, Block 2185.01, Lot 16, in the R-3 Zone, applicant Mocanito LLC, is seeking approval to construct a two family home on a vacant lot. This application will require variances for minimum lot width, minimum lot area, minimum side yard setback, minimum rear yard setback and any other variances and/or waivers as may be required. FIRST APPEARANCE. 5|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Item #5 of the agenda was read in the record. Mr. Bennett Wasserstrum, Esq., Attorney for the applicant was present at the hearing. Mr. Wasserstrum presented the application to the Board. A motion to adjourn application of 510 Harrison Street to January 14th, 2020 was made by Commissioner Hess 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 11:36 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 6|P age DECEMBER 10TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to minutes of November 26 2019 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Absent 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 27 Monroe Street to February 25, 2020 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Absent 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 92 Lafayette Avenue to January 14th, 2020 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Absent 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 DECEMBER 10TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to close public portion of 115 President Street hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present David M. Blumenthal Absent 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 approve application of 115 President Street with conditions COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present √ David M. Blumenthal Absent 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 approve application of 81 Hope Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present √ David M. Blumenthal Absent 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 DECEMBER 10TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 7. ACTION: Motion to close public portion of 30 Howe Avenue hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present √ √ David M. Blumenthal Absent 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 Absent Menachem Bazian Chairman Absent 8. ACTION: Motion to approve application of 30 Howe Avenue COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ √ Harold T. Hess Present √ David M. Blumenthal Absent 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 Absent Menachem Bazian Chairman Absent 9. ACTION: Motion to adjourn application of 510 Harrison Street to January 14th, 2020 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present √ √ David M. Blumenthal Absent 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 DECEMBER 10TH, 2019 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 10. ACTION: Motion to approve Resolution appointing Board Attorney – D.Kinz, Esq. COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Absent David M. Blumenthal Absent 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 Resolution appointing Board Planner – Plan 2 Consultants COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present √ √ David M. Blumenthal Absent 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 adjourn Meeting. ________ COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Acting Chairman Present √ Harold T. Hess Present √ √ David M. Blumenthal Absent 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