Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a virtual meeting on May 12th, 2020, due to COVID19 social distancing requirements via ZOOM at 7:00 p.m. and opened the meeting at 7:10 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 April 28th, 2020 meeting were presented to the Board for approval. A motion was made to approve Minutes of April 28th, 2020, by Commissioner Brisman, 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 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 June 16th hearing. A motion to adjourn hearing of 76 Henry Street to June 16th, 2020 was made by Commissioner Graham-Woodson, seconded by Commissioner Brisman, on a roll call vote, six (6) in favor, one (1) 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES against, the motion passed. 2. Docket #ZB20-02, 297 Monroe Street, Block 4127, Lot 4, in the C Zone, applicant VB Monroe States LLC, is seeking preliminary and final site approval and subsequent D1(Use Variance) to add two residential units consisting of two bedrooms each on an unused space on the 2nd floor above A.W. Ross, Inc. a kitchen cabinets manufacturer. The existing is a mix used building consisting of a supermarket/restaurant and the kitchen cabinets manufacturer. 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 #2 of the agenda was read in the record. Mr. Charles Sarlo, Esq., Attorney for the applicant was present at the hearing. Mr. Sarlo introduced application to the Board. Mr. Tomasz Adach, Licensed Architect of Hasbrouck Heights, NJ was sworn into the record. Mr. Adach presented his qualifications to the Board. The Board accepted his qualifications. Mr. Adach continued with his testimony and described the plan to the Board. Commissioner Stareshefsky had questions about sprinkler system. Chairman Bazian had a question about the fabrication of cabinets on the basement floor. D.Kinz, Board Attorney had questions on the noise levels on the lower levels. Mr. Wocjciech Ryes, owner of A.W. Ross, Inc., representative of the applicant and managing member of VB Monroe States LLC was sworn into the record. Mr. Ryes continued with his testimony. Exhibit A-1 Multiple listing for the property was marked into evidence. Exhibit A-2 Listing Hit Count Report was marked into evidence. Commissioner Brisman had questions for Mr. Ryes. D.Kinz, Board Attorney had comments for the Board and Mr. Ryes on this application. Commissioner Stareshefsky had questions for Mr. Ryes. D.Kinz, Board Attorney had follow-up questions for the witness. Commissioner Stareshefsky had follow-up comments for the witness. Chairman Bazian asked Mr. Ryes for clarification on property taxes and had addition questions. Mr. Ken Nelson, Licensed Professional Planner of Hasbrouck Heights, NJ was sworn into the record. Mr. Nelson has presented to this Board on various occasions. The Board accepted his qualifications. Mr. Adach continued with his testimony and described the plan to the Board. Commissioner Brisman had questions for Mr. Nelson. Chairman Bazian had comments for the Board. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Commissioner Stareshefsky had questions for Mr. Nelson. Chairman Bazian had comments for the witness. Chairman Bazian opened the public portion of the hearing. A motion to close the public portion of the hearing of 297 Monroe Street was made by Commissioner Stareshefsky, seconded by Commissioner Brisman, on a roll call vote, all in favor the motion passed. Mr. Sarlo surmised the application. A motion to deny the application of 297 Monroe Street was made by Commissioner Brisman, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. RESOLUTIONS: 1. 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. Approved March 31st, 2020. A motion was made to approve Resolution of 314 Montgomery Street was by Commissioner Brisman, seconded by Commissioner Stareshefsky, on a roll call vote, all in favor, the motion carried. ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 9:28 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 3|P age  MAY 12TH, 2020 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to approve Minutes of April 28th, 2020 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ √ Harold T. Hess Absent David M. Blumenthal Absent 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 314 Montgomery Street application COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ √ Harold T. Hess Absent David M. Blumenthal Absent 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 adjourn hearing of 76 Henry Street to June 16th, 2020 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman 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 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 1|P age  MAY 12TH, 2020 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to close public portion of 297 Monroe Street hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman 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 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 5. ACTION: Motion table hearing of 297 Monroe Street application COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman 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 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 6. ACTION: Motion to deny application of 297 Monroe Street COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman 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 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 2|P age  MAY 12TH, 2020 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 7. ACTION: Motion to adjourn Meeting. COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman 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 --- Juan C. Lozano-Rosas Alt # 3 --- Vacant Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 3|P age