Zoning Board of Adjustment

CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES The City of Passaic Board of Adjustments held a virtual meeting on July 16th, 2021, due to COVID19 social distancing requirements via ZOOM at 7:00 p.m. and opened the meeting at 7:13 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: Sonal Patel, Interim Zoning Officer Ricardo Fernandez, Business Administrator/Planning Director David Troast, Board Planner Douglas Kinz, Esq., Board Attorney MINUTES: NONE RESOLUTIONS: NONE ESCROWS: NONE APPLICATIONS: 1. Docket #ZB21-03, 60 Crescent Avenue Block #3306, Lot #21, in the R-1 Zone, applicant Eli Spitzer is requesting variances for side yard setbacks and any other variances and/or waivers that may be required to construct a 560’ square feet addition to the rear of an existing single family home. FIRST APPEARANCE. Item #2 of the agenda was read into the record. Mr. Gary Cohen, Esq., Attorney for the applicant was present at the hearing. Mr. Cohen gave a description of the application to the Board. Mr. Sherban Draganescu, Licensed Architect of Teaneck, NJ was sworn into the record. Mr. Draganescu presented his qualifications to the Board. The Board accepted his qualifications. Mr. Draganescu continued with his testimony. D.Kinz, Board Attorney had questions for the witness. 1|Pag e  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Chairman Bazian had questions for Mr. Draganescu. D.Troast, Board Planner had comments for the Board. D.Kinz, Board Attorney disagreed with Mr. Troast’s comments on the hardship variance. R.Fernandez, Planning Director had questions for the applicant. D.Kinz, Board Attorney had comments for the Board. Chairman Bazian had questions for Mr. Draganescu. R.Fernandez had follow-up questions. Section 125-2 was discussed at length for clarification Chairman Bazian opened the public portion of the hearing. A motion to close public portion of 60 Crescent Avenue hearing was made by Commissioner Hess, seconded by Commissioner Pittinsky, on a roll call vote, all in favor the motion passed. A motion to approve application of 60 Crescent Avenue with waiver to Section 125-2 was made by Vice Chairman Martinez, seconded by Commissioner Pittinsky, on a roll call vote, all in favor the motion passed. 2. Docket #ZB21-02, 74 Passaic Street Block # 1019, Lot # 3, in the R-3 Zone, the applicant Juan D. Aybar is seeking a D-5 density variance for preliminary and final site plan to rehabilitate an existing fire damaged two-story building as well as constructing an additional story. The plan for the proposed three-story building includes adding an additional floor for residential three (3)-bedroom unit to the two (2) existing three (3)-bedroom units, for a total of three (3) residential units. This application will require variances for lot area, lot width, front yard, side yard setback, lot coverage, density, parking and any other variances and/or waivers that may be required. Carried from June 15th, 2021. 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. Mariconda introduced the application to the Board. Mr. Michael J. Romanik, Licensed Architect of Clifton, NJ was sworn into the record. Mr. Romanik has presented before this Board on various occasions. The Board accepted his qualifications. Mr. Romanik continued with his testimony. D.Troast, Board Planner had comments for the Board regarding this application. Mrs. Raiza Rodriguez, representative for the applicant Mr. Juan D. Aybar. Mrs. Rodriguez continued with her testimony. Chairman Bazian had comments for the Board regarding Density Variances. Chairman Bazian opened the public portion of the hearing. A motion to close public portion of 74 Passaic Street hearing was made by Commissioner Blumenthal, seconded by Commissioner Hess, on a roll call vote, all in favor the motion passed. 2|Pag e  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES A motion to approve application of 74 Passaic Street was made by Commissioner Blumenthal seconded by Commissioner Lozano-Rosas, on a roll call vote, all in favor the motion passed. 3. Docket #ZB21-04, 129 Main Avenue, Block 3298, Lot 33, in the CR Zone, applicant Congregation Kollel OHR Hatorah is seeking a D-3 conditional use variance for preliminary and final site approval to convert an existing single story vacant bank into a house of worship. This application will also require variances for lot area, lot width, side yard setback, rear yard setback, lot coverage, parking and any other variances and/or waivers that may be required. FIRST APPEARANCE. Item #2 of the agenda was read into the record. Mr. Gary Cohen, Esq., Attorney for the applicant was present at the hearing. Mr. Cohen gave a description of the application to the Board. Mr. Eliyohu Schneider, Licensed Engineer & Architect of New City, NY. Mr. Schneider presented his qualifications to the Board. The Board accepted his qualifications. Mr. Schneider continued with his testimony. Chairman Bazian disclosed a familial relationship with Mr. Schneider and asked D.Kinz, Board Attorney if he needed to recuse himself. D.Kinz found no conflict and there were no objections to Chairman Bazian hearing the case. Chairman Bazian had questions for Mr. Schneider. R.Fernandez, Planning Director had questions for Mr. Schneider on capacity and usage. Chairman Bazian had follow-up questions. Mr. Yitzchok Sperka, Rabbi and representative for the applicant was sworn into the record. Rabbi Sperka continued with his testimony. Chairman Bazian had several questions for Rabbi Sperka. D.Troast, Board Planner had comments for the Board in regards to this application. Chairman Bazian opened the public portion of the hearing. A motion to close public portion of 129 Main Avenue hearing was made by Commissioner Blumenthal, seconded by Commissioner Lozano-Rosas, on a roll call vote, all in favor the motion passed. The Board imposed the following conditions: 1. Seating Limitation of 44 people A motion to approve application of 129 Main Avenue with condition listed above was made by Commissioner Pittinsky, seconded by Commissioner Graham-Woodson, on a roll call vote, all in favor the motion passed. ADJOURNMENT: 3|Pag e  CITY OF PASSAIC BOARD OF ADJUSTMENT MINUTES Upon motion, seconded and carried, the meeting was adjourned at approximately 9:38 p.m. ____________________________________ Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 4|Pag e  JULY 6TH, 2021 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to adopt Board Calendar dates – AUG – DEC 20 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present √ √ David M. Blumenthal Present √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ Michael J. Gross Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 2. ACTION: Motion to close public portion of 74 Passaic Street hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present √ √ David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ Michael J. Gross Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 3. ACTION: Motion to approve application of 74 Passaic Street COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present √ David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ √ Michael J. Gross Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 1|Page  JULY 6TH, 2021 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to close public portion of 60 Crescent Avenue hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present √ √ David M. Blumenthal Present √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ Michael J. Gross Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 5. ACTION: Motion to approve application of 60 Crescent Avenue w/waiver of Sec. 125.2 COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present √ David M. Blumenthal Present √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ Michael J. Gross Alt # 4 --- Deiby Martinez Vice Chairman Present √ √ Menachem Bazian Chairman Present √ 6. ACTION: Motion to close public portion of 129 Main Avenue hearing COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present √ David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ √ Michael J. Gross Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 2|Page  JULY 6TH, 2021 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 7. ACTION: Motion to approve application of 129 Main Avenue w/condition of seating limitation of 44 people COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present √ David M. Blumenthal Present √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ Michael J. Gross Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 8. ACTION: Motion to adjourn Meeting. COMMISSIONER PRESENT/ 1ST 2ND APPROVE DENY ABSTAIN ABSENT Yaacov Brisman Secretary Absent Harold T. Hess Present √ David M. Blumenthal Present √ √ Moshe Stareshefsky Absent Jonathan D. Pittinsky Present √ Sheila Graham-Woodson Alt # 1 Present √ √ Yolanda Soto Alt # 2 --- Juan C. Lozano-Rosas Alt # 3 Present √ Michael J. Gross Alt # 4 --- Deiby Martinez Vice Chairman Present √ Menachem Bazian Chairman Present √ 3|Page