Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a virtual meeting on June 16th, 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 March 31st, 2020 meeting were presented to the Board for approval. A motion was made to approve Minutes of March 31st, 2020, by Commissioner Stareshefsky, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion carried. 2. Minutes of the May 26th, 2020 meeting were presented to the Board for approval. A motion was made to approve Minutes of May 26th, 2020, by Commissioner Stareshefsky, seconded by Commissioner Graham-Woodson, 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. 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Item #1 of the agenda was read in the record. Mr. Alan Mariconda, Esq., Attorney for the applicant was present at the hearing. Mr. Mariconda introduced the application to the Board. Mr. Thomas Stearns, Licensed Engineer of NJ was sworn into the record. Mr. Stearns has presented his qualifications to the Board on various occasions. The Board accepted his qualifications. Mr. Stearns continued with his testimony and described the plan to the Board. Chairman Bazian had questions for Mr. Stearns. Commissioner Stareshefsky asked where the four (4) vehicles would be parked and had additional questions. D.Kinz, Board Attorney asked if the Easement Agreement was reviewed by Mr. Stearns. Chairman Bazian questioned about the existence of the driveway prior to acquisition of the property. Commissioner Stareshefsky had questions about driveway size. D.Troast, Board Planner had comments for the Board on the calculations of driveway size. Mr. Marko Kopic, owner and applicant was sworn into the record. Mr. Kopic continued with his testimony. Chairman Bazian had questions for Mr. Kopic. Commissioner Stareshefsky had questions for the witness. Commissioner Graham-Woodson had questions for Mr. Kopic. Commissioner Stareshefsky had follow-up questions. D.Kinz, Board Attorney had question about the 12’ft. curb-cut. Mr. Matthew Evans, Licensed Planner of NJ was sworn into the record. Mr. Evans has presented his qualifications to the Board on various occasions. The Board accepted his qualifications. Mr. Evans continued with his testimony. Commissioner Stareshefsky had several questions for Mr. Evans. Chairman Bazian had questions for Mr. Evans. Commissioner Stareshefsky had additional questions. He also had questions for our Board Planner. Commissioner Graham-Woodson had questions for the applicant. Chairman Bazian opened the public portion of the hearing. A motion to close the public portion of the hearing of 76 Henry Street was made by Commissioner Stareshefsky, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor, the motion 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES passed. The Board imposed the following conditions: 1. Clouting of Meets & Bounds of the Easement into the Agreement. 2. Ballard located in the rear of the existing driveway. Chairman Bazian had comments on the application for the Board. A motion to approve the application of 76 Henry Street with conditions listed above was made by Commissioner Graham-Woodson, seconded by Vice Chairman Martinez on a roll call vote, four (4) in favor, one (1) denied, the motion passed. RESOLUTIONS: NONE ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 8:18 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 3|P age  JUNE 16TH, 2020 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to approve Minutes of May 26th, 2020 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent 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 √ 2. ACTION: Motion to approve Minutes of March 31st, 2020 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent 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 3. ACTION: Motion to approve ZB Meeting Calendar from Jul-Dec 2020 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent 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  JUNE 16TH, 2020 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to close public portion of 76 Henry Street hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent 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 √ 5. ACTION: Motion to approve application of 76 Henry Street w/conditions COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent 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 √ 6. ACTION: Motion to adjourn Meeting. COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Absent 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 √ 2|P age