Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a virtual meeting on October 13th, 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 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 √ Michael J. Gross Alt # 4 --- --- ALSO PRESENT: Julio Santana, Zoning Officer David Troast, Board Planner Douglas Kinz, Esq., Board Attorney NEW BUSINESS: Renewal of Commissions & Swearing in of Commissioners Sheila Graham-Woodson & Juan Lozano-Rosas. Swearing in of new Commissioner Michael J. Gross MINUTES: 1. Minutes of the September 22nd, 2020 meeting were presented to the Board for approval. A motion was made to approve Minutes of September 22nd, 2020, by Vice Chairman Martinez, seconded by Commissioner Lozano-Rosas, on a roll call vote, all in favor the motion carried. RESOLUTIONS: 1. ZB20-07, 857 Main Avenue, Block 2177, Lot 1, in the C-R Zone, applicant Mt. Zion Baptist Church is requesting an extension to the approvals granted by Resolution on November 28, 2017 for preliminary and final site plan approval, together with a subsection D(3) conditional use variance, in order to construct a fellowship hall and multi-purpose center adjacent to an existing house of worship for One (1) additional year. Approved September 22nd, 2020. A motion to approve the Resolution of 857 Main Avenue Extension was made by Vice Chairman Martinez seconded by Commissioner Brisman, on a roll call vote, all in favor the motion passed. 2. Docket #ZB20-01, 261 Passaic Street, Block 1080, Lot 01, in the CR Zone, applicant 261-263 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Passaic Street LLC, is seeking preliminary and final site approval and subsequent D(5) (Density Variance) to remove a commercial store front on the ground floor and to add two (2) additional two- bedroom apartments in place of the existing commercial space. There already six (6) existing residential units, bringing the total to eight (8) residential units. 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. Applicant withdrew without prejudice on September 22nd, 2020. A motion to approve the Resolution of 261 Passaic Street was made by Commissioner Brisman seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. ESCROWS: NONE APPLICATIONS: 1. Docket #ZB20-06, 127 Highland Avenue, Block 4062, Lot 49, in the R-3 Zone, applicant MBA Properties LLC, is seeking preliminary and final site approval and subsequent D5(High Density) to revalidate prior 2002 approval with an adjusted program of ten (10), 2 bedroom units and one, 1 bedroom unit. Surface parking to contain nine (9) on-site parking spaces with the one, 1-bedroom unit, which allows it to be ADA accessible. Second and third floors to contain five (5), 2-bedroom units per floor. 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. Item #2 of the agenda was read into the record. Mr. Charles Sarlo, Esq., Attorney for the applicant was not present at the hearing. There is a deffiency in the notice and applicant will re-notice application for the November 10th, 2020 meeting. 3. Docket #ZB20-04, 153 Sherman Street, Block #4110 Lot(s) #51, in the R-3 Zone, applicant 153 Investment LLC, is seeking approval to convert an existing one family home into a two (2) family home. This application will require variances for lot width, side yard setbacks, and any other variances and/or waivers that may be required. FIRST APPEARANCE. Item #1 of the agenda was read into the record. Mr. Alan Mariconda, Esq., Attorney for the applicant was present at the hearing. Mr. Allende Matos, Licensed Architect & Planner of Passaic, NJ was sworn into the record. Mr. Matos presented his qualifications to the Board. Mr. Matos has presented before the Board on various occasions. The Board accepted his qualifications. Mr. Matos continued with his testimony. Mr. Matos described the site plan to the Board. Commissioner Brisman had questions for the witness. Chairman Bazian had several questions for Mr. Matos. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES D.Troast, Board Planner had questions for the witness. J.Santana, Zoning Officer had comments on the lot coverage calculations. D.Troast, also had comments for the Board. D.Kinz, Board Attorney had comments for the applicant regarding Drainage Calculations. Mr. Humberto Hidalgo, applicant and owner of the property was sworn into the record. Commissioner Brisman had comments for the Board. Chairman Bazian opened the public portion of the hearing. The Board imposed the following conditions: 1. No dwelling units in the Basement. 2. Applicant must comply with City Engineer’s review and approval of lot coverage drainage calculations. A motion to close the public portion of the hearing of 153 Sherman Street hearing was made by Commissioner Blumenthal, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. A motion to approve the application of 153 Sherman Street with conditions listed above was made by Vice Chairman Martinez, seconded by Commissioner Lozano-Rosas, on a roll call vote, all in favor, the motion passed. ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 8:40 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 3|P age  OCTOBER 13, 2020 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to approve Minutes of September 22, 2020 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ Harold T. Hess Absent David M. Blumenthal Absent Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ √ Michael J. Gross Alt # 4 Present Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 2. ACTION: Motion to approve Resolution for 857 Main Avenue One-Year Extension COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ √ Harold T. Hess Absent David M. Blumenthal Absent Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ Michael J. Gross Alt # 4 Present Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 3. ACTION: Motion to approve Resolution of 261 Passaic Street COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ √ Harold T. Hess Absent David M. Blumenthal Absent Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ Michael J. Gross Alt # 4 Present Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 1|Page  OCTOBER 13, 2020 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to close public portion of 153 Sherman Street hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ Michael J. Gross Alt # 4 Present √ Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 5. ACTION: Motion to approve 153 Sherman Street application with conditions COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Present √ Harold T. Hess Absent David M. Blumenthal Present √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ √ Michael J. Gross Alt # 4 Present √ 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 Present √ Harold T. Hess Absent David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Absent Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ Michael J. Gross Alt # 4 Present √ Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 2|Page