Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES 1The City of Passaic Board of Adjustments held a virtual meeting on April 28th, 2020, due to COVID19 social distancing requirements via ZOOM at 7:00 p.m. and opened the meeting at 7:05 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 Secretary √ 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: 1. Minutes of the February 11th, 2020 meeting were presented to the Board for approval. A motion was made to approve Minutes of January 28th, 2020, by Commissioner Stareshefsky, seconded by Commissioner Brisman, on a roll call vote, all in favor the motion carried. RESOLUTIONS: 1. Docket #ZB19-21, 42 Ridge Avenue, Block #3305, Lot #39, in the R-1 Zone, applicant Eli Klein is requesting variance approval to expand his one (1) family home on an existing irregular lot. This application will require variances for minimum side lot depth, rear yard setback, front yard setback and any other variances and/or waivers that may be required. Approved February 11th, 2020. The Board imposed the following conditions: 1. Add Arborvitae for privacy/screening in the rear yard. 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES A motion was made to approve Resolution of 42 Ridge Avenue by Commissioner Blumenthal, seconded by Vice Chairman Martinez, on a roll call vote, all in favor, the motion carried. 2. Revised Resolution of 30 Howe Avenue approved on December 10th, 2019 was submitted by D.Kinz, Board Attorney for approval. A motion was made to approve revised Resolution for 30 Howe Avenue application by Commissioner Stareshefsky, seconded by Commissioner Pittinsky, on a roll call vote, all in favor, the motion carried. APPLICATIONS: 2. 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 MARCH 31st, 2020. Item #2 of the agenda was read in the record. Mr. Alan Mariconda, 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 May 12th, 2020 was made by Commissioner Stareshefsky, seconded by Commissioner Blumenthal, on a roll call vote, all in favor the motion passed. 3. 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 present at the hearing. Mr. Trella introduced application to the Board. Mr. Orestes Valella, Licensed Architect of West New York, NJ was sworn into the record. Mr. Valella has presented before this Board on various occasions. The Board accepted his qualifications. Mr. Valella continued with his testimony and described the plan to the Board. Commissioner Brisman had questions for Mr. Valella. Commissioner Stareshefsky had questions for the witness. Commissioners Brisman & Stareshefsky had follow-up questions for the witness. J.Santana, Zoning Officer had questions about the windows in apartment B. The existing windows are 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES a construction issue. Chairman Bazian had questions for Mr. Valella. Mr. Chaim Pinter, owner of 122 Third Street was sworn into the record. Chairman Bazian had several questions comments and suggestions for the applicant Mr. Pinter. D.Kinz, Board Attorney had follow-up questions for Mr. Pinter. Commissioner Stareshefsky had additional questions for Mr. Valella. Chairman Bazian had follow up questions for Mr. Pinter. A motion to adjourn the hearing of 122 Third Street to May 26th, 2020 was made by Commissioner Brisman, seconded by Commissioner Blumenthal, on a roll call vote, all in favor the motion passed. ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 8:38 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 3|P age  APRIL 28TH, 2020 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to approve Minutes of February 11th, 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 Absent Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present 2. ACTION: Motion to approve Resolution of 42 Ridge 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 Present √ Sheila Graham-Woodson Alt # 1 Absent 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 approve revised Resolution of 30 Howe 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 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  APRIL 28TH, 2020 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to adjourn application of 76 Henry Street to May 12th, 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 Absent 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 hearing of 122 Third Street to May 26th, 2020 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 √ 6. 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