Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a virtual meeting on January 5th, 2021, due to COVID19 social distancing requirements via ZOOM at 7:00 p.m. and opened the meeting at 7:08 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 √ Michael J. Gross Alt # 4 √ ALSO PRESENT: Julio Santana, Zoning Officer David Troast, Board Planner Douglas Kinz, Esq., Board Attorney MINUTES: NONE RESOLUTIONS: NONE ESCROWS: NONE REORGANIZATION: Election of Officers Board Chairman: A motion was made by Commissioner Blumenthal to nominate Commissioner Bazian, seconded by Commissioner Martinez; there being no other nominations, on a roll call vote, all in favor, the motion carried. Vice-Chairman: A motion was made by Commissioner Stareshefsky to nominate Commissioner Martinez, seconded by Commissioner Blumenthal; there being no other nominations, on a roll call vote, all in favor, the motion carried. Secretary: A motion was made by Commissioner Bazian to nominate Commissioner Brisman, seconded by Commissioner Martinez; there being no other nominations, on a roll call vote, all in favor, the motion carried. 1|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Recording Secretary: A motion was made by Commissioner Blumenthal to keep Miriam R. Perez as the Board Secretary, seconded by Commissioner Soto; there being no other nominations, on a roll call vote, all in favor, the motion carried. Attorney: A motion was made by Commissioner Stareshefsky to appoint Douglas Kinz, Esq. as the Board Attorney, seconded by Commissioner Graham-Woodson; there being no other nominations, on a roll call vote, all in favor, the motion carried. Board Planner: A motion was made by Commissioner Stareshefsky, to appoint Plan 2 Consultants as the Board Planner, seconded by Commissioner Soto; there being no other nominations, on a roll call vote, all in favor, the motion carried. Newspaper: A motion was made by Commissioner Blumenthal, seconded by Commissioner Graham- Woodson to keep the Herald & News as the official Newspaper for Publication; there being no other nominations, on a roll call vote, six (6) in favor, one (1) denied, the motion carried. 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. ADJOURNED FROM NOVEMBER 10TH, 2020. FIRST APPEARANCE. Item #1 of the agenda was read into the record. Mr. Charles Sarlo, Esq., Attorney for the applicant was present at the hearing. Mr. Sarlo introduced the application to the Board. D.Kinz, Board Attorney had comments for the Board regarding the prior approval of 2002. Mr. Patrick McClellan, Licensed Civil Engineer of Totowa, NJ was sworn into the record. Mr. McClellan has testified on numerous occasions before this Board. The Board accepted his qualifications. Mr. McClellan continued with his testimony and described the plan to the Board. Mr. McClellan referenced the Site Plan. He addressed the Engineer’s comments from review of October 2020. Most of the items were addressed in the revised plan submitted in November 2020. Commissioner Stareshefsky had comments regarding the Fire Prevention review. Commissioner Graham-Woodson had questions about lighting in the parking lot and stairwells. She had additional questions regarding garbage disposal. D.Kinz, Board Attorney had questions for Mr. McClelland regarding the increase in lot coverage. 2|P age  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Mr. Osvaldo Martinez, Licensed Architect of Hoboken, NJ was sworn into the record. Mr. Martinez has testified on numerous occasions before this Board. The Board accepted his qualifications. Mr. Martinez continued with his testimony and described the architectural plan to the Board. Commissioner Stareshefsky had several questions for Mr. Martinez. Commissioner Soto had questions about emergency exits. Commissioner Stareshefsky had additional comments. D.Kinz, Board Attorney questioned about the basement plan. Chairman Bazian had several questions for Mr. Martinez. Mr. Erik DeLine, Licensed Professional Planner of Montclair, NJ was sworn into the record. Mr. DeLine presented his qualifications to the Board, the Board accepted his qualifications. Mr. DeLine continued with his planning testimony. Exhibit A-1 – 8 Page Pamphlet dated 11/10/20 was marked into evidence Exhibit A-2 – Photograph of the area surrounding the property was marked into evidence. Commissioner Hess had comments for the Board regarding the application. Chairman Bazian added on to Comm. Hess’ comments. Commissioner Stareshefsky had questions for Mr. DeLine. Mr. Sarlo surmised the application. Chairman Bazian opened the public portion of the hearing. A motion to close public portion of 127 Highland Avenue hearing was made by Commissioner Stareshefsky, seconded by Commissioner Pittinsky, on a roll call vote, all in favor the motion passed. A motion to adjourn application of 127 Highland Avenue to February 2nd, 2021 was made by Commissioner Stareshefsky seconded by Commissioner Soto, on a roll call vote, all in favor the motion passed. ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 9:50 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 3|P age  JANUARY 5TH, 2021 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to select Commissioner Bazian as Chairman of the Board 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 Present √ Juan C. Lozano-Rosas Alt # 3 Present Michael J. Gross Alt # 4 Present Deiby Martinez Present √ √ Menachem Bazian Present √ 2. ACTION: Motion to select Commissioner Martinez as Vice Chairman of the Board 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 Present √ Juan C. Lozano-Rosas Alt # 3 Present Michael J. Gross Alt # 4 Present Deiby Martinez Present √ Menachem Bazian Chairman Present √ 3. ACTION: Motion to select Commissioner Brisman as Secretary of the Board 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 Present √ Juan C. Lozano-Rosas Alt # 3 Present Michael J. Gross Alt # 4 Present Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ √ 1|P age  JANUARY 5TH, 2021 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to select Miriam R. Perez as Recording Secretary of the Board COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary 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 Present √ √ 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 select Douglas Kinz as Board Attorney COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary 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 Present √ 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 select Plan 2 Consultants as the Board Planners 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 Present √ √ Juan C. Lozano-Rosas Alt # 3 Present Michael J. Gross Alt # 4 Present Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 2|P age  JANUARY 5TH, 2021 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 7. ACTION: Motion to select Herald & News as Official Newspaper of the Board COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary 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 Present √ Juan C. Lozano-Rosas Alt # 3 Present Michael J. Gross Alt # 4 Present Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 8. ACTION: Motion to close public portion of 127 Highland Avenue hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent 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 Present √ Juan C. Lozano-Rosas Alt # 3 Present Michael J. Gross Alt # 4 Present Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 9. ACTION: Motion to adjourn 127 Highland Avenue application to February 2nd, 2021 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent 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 Present √ Juan C. Lozano-Rosas Alt # 3 Present Michael J. Gross Alt # 4 Present Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 3|P age  JANUARY 5TH, 2021 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 10. ACTION: Motion to adjourn Meeting. COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent 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 Present √ Juan C. Lozano-Rosas Alt # 3 Present Michael J. Gross Alt # 4 Present Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 4|P age