Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES 1The City of Passaic Board of Adjustments held a virtual meeting on March 31st, 2020 in the Council Chambers, City Hall, 330 Passaic Street and Via Zoom Application at 7:00 p.m. and opened the meeting at 7:38 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 ESCROWS: NONE MINUTES: NONE RESOLUTIONS: 1. 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. Denied on January 28th, 2020. A motion was made to approve Resolution of 92 Lafayette Avenue by Vice Chairman Martinez, seconded by Commissioner Blumenthal, on a roll call vote, all in favor, the motion carried. 2. 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. Approved December 10th, 2019. 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The Board imposed the following conditions: 1. Three (3) Parking Spaces 2. Basement apartment not be used for living space 3. Half bathroom only 4. Walls of basement be constructed with reinforced materials. A motion was made to approve Resolution of 510 Harrison Street by Commissioner Sheila Graham-Woodson, seconded by Vice Chairman Martinez, on a roll call vote, all in favor, the motion carried. APPLICATIONS: 1. Docket #ZB19-18, 76 Henry Street, Block #2159 Lot #23, in the R-3 Zone, applicant Marko Kopic, is seeking approval to install a driveway on side of property. It will require front yard setback, side yard setback, lot coverage, parking area must be three (3) feet away from property line, parking dimension must be (9’ X 19’) and any other variances and/or waivers that may be required. FIRST APPEARANCE, ADJOURNED FROM FEBRUARY 11TH, CARRIED FROM MARCH 12TH, 2020. Item #2 of the agenda was read in the record. Mr. Gary Cohen, Esq., Attorney for the applicant was not present at the hearing. Mr. Mariconda requested the hearing be adjourned to the next available hearing. A motion to adjourn hearing of 76 Henry Street to April 28th, 2020 was made by Commissioner Blumenthal, seconded by Commissioner Brisman, on a roll call vote, all in favor the motion passed. 2. Docket #ZB19-15, 122 Third Street, Block# 1003, Lot #3, in the R-3 Zone, applicant 122 Garden Street LLC, is seeking preliminary and final site approval and subsequent D5(Density Variance) to convert an existing legal non-conforming structure consisting of four (4) apartments and two (2) commercial units into seven (7) residential units and one (1) commercial store. This application will require variances for minimum lot width, minimum lot area, minimum side yard setback, minimum rear yard setback, lot coverage and any other variances and/or waivers that may be required. FIRST APPEARANCE, ADJOURNED FROM FEBRUARY 11TH, CARRIED FROM MARCH 12TH, 2020. Item #1 of the agenda was read in the record. Mr. Matthew Trella, Esq., Attorney for the applicant was not present at the hearing. Mr. Trella requested an adjournment to the next available meeting. A motion to adjourn hearing of 122 Third Street to April 28th, 2020 was made by Commissioner Stareshefsky, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. 3. Docket #ZB19-20, 314 Montgomery Street, Block #2170 Lot(s) #16, in the R-3 Zone, applicant Tina Estates LLC, is seeking approval to install an addition on the 2nd floor (already constructed). It will require front yard setback, side yard setback, lot coverage, and any other variances and/or waivers that may be required. FIRST APPEARANCE. CARRIED FROM FEBRUARY 25TH, 2020. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Item #2 of the agenda was read in the record. Mr. Khaled Klele, Esq., Attorney for the applicant was present at the hearing via Zoom. Mr. Klele introduced the application to the Board. A motion to close public portion of 314 Montgomery Street hearing was made by Commissioner Blumenthal, seconded by Vice Chairman Martinez, on a roll call vote, all in favor the motion passed. A motion to approve application of 314 Montgomery Street was made by Commissioner Pittinsky, seconded by Commissioner Stareshefsky, on a roll call vote, all in favor the motion passed. 4. Docket #ZB20-00, 13 Fourth Street, Block 1034, Lot 18, in the R-3 Zone, applicant 13 Fourth Street Properties LLC, is seeking preliminary and final site approval and subsequent D6(Height Variance) to remodel an existing four story building consisting of three (3) apartment per floor with a total of twelve (12) units. The applicant will infill a court yard on the south of the existing building, the infill is 183.51 sq. ft., by floor with a total of 734.04 sq. ft. The intent is to provide additional living space to each of existing units. No new unit will be created, as the result three units will go from two bedrooms to three bedrooms. This application will require variances for minimum lot width, minimum lot area, minimum side yard setback, minimum rear yard setback, lot coverage and any other variances and/or waivers that may be required. FIRST APPEARANCE. Item #1 of the agenda was read in the record. Mr. Charles Sarlo, Esq., Attorney for the applicant was present at the hearing. Mr. Sarlo introduced the application to the Board. A motion to close public portion of 13 Fourth Street hearing was made by Commissioner Stareshefsky, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. A motion to approve application of 13 Fourth Street was made by Commissioner Graham-Woodson, seconded by Commissioner Stareshefsky, on a roll call vote, all in favor the motion passed. ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 9:54 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 3|P age  MARCH 31ST, 2020 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to adjourn application of 76 Henry Street to February 25th, 2020 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 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Absent 2. ACTION: Motion to adjourn application of 122 Third Street to February 25th, 2020 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 Present √ √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 3. ACTION: Motion to close public portion of 42 Ridge Avenue hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent 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 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 1|P age  MARCH 31ST, 2020 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to approve application of 42 Ridge Avenue w/conditions COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent 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 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 5. ACTION: ___ Motion to adjourn Meeting. ________ COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent 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 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 2|P age