Zoning Board of Adjustment

January 9, 2024 ZONING BOARD MINUTES AND VOTE SHEET The City of Passaic Zoning Board of Adjustments held a virtual meeting on January 9, 2024, via Zoom and opened the meeting at approximately 7:05 PM by requesting a roll call. The invocation was given and all recited the pledge of allegiance. ROLL CALL: Commissioner’s Name Present Absent Menachem Bazian Chairman X Deiby Martinez Vice Chairman X Yaacov Brisman X Harold T. Hess X David M. Blumenthal X Jonathan D. Pittinsky X Moshe Stareshefsky X Sheila Graham - Woodson X Yolanda Soto X Juan C. Lozano X Michael J. Gross X ALSO PRESENT: Douglas Kinz, Esq., Board Attorney _____X_____ David Troast, P.P., AICP, Board Planner _____X_____ Julio Santana, Zoning Officer _____X_____ Ricardo Fernandez, Executive Director _____ _____ I. Resolutions Matter of Jackson Central Realty, LLC, for 80-100 Central Avenue and 177 Van Buren Street, Block 4113, Lots 24 and 28, in the R-3 Zone District was called as the first matter of the evening. Upon the first motion by Vice Chairman Martinez and the second motion by Commissioner Brisman, the resolution of this matter was approved. II. New Business Board Reorganization portion of the meeting was held as the second item of the evening. • Commissioner Menachem Bazian was nominated, voted for, and appointed as Chairperson for the 2024 Zoning Board. • Commissioner Deiby Martinez was nominated, voted for, and appointed as Vice Chairperson for the 2024 Zoning Board. • Commissioner Moshe Stareshefsky was nominated, voted for, and appointed as Board Secretary for the 2024 Zoning Board. 1|P a g e January 9, 2024 ZONING BOARD MINUTES AND VOTE SHEET • Professional Planner, David Troast was voted for and appointed as Board Planner for the 2024 Zoning Board. • Planning and Zoning Board Secretary, Mariana V. Fera was voted for and appointed as Board Recording Secretary for the 2024 Zoning Board. • Attorney Douglas Kinz, Esq. was voted for and appointed as Board Attorney for the 2024 Zoning Board. • The NJ Herald News was selected as the media source for noticing for the 2024 Zoning Board. III. Resolutions Resolution Awarding Contract for 2024 Board Planner – was the third item called for the evening. Upon first motion and second, Plan 2 Consultants, was awarded contract for 2024 as Zoning Board Planner. Resolution Awarding Contract for 2024 Board Attorney - was the fourth item called for the evening. Upon first motion and second, Douglas Kinz, Esq., was awarded contract for 2024 as Zoning Board Attorney. IV. New Business 2024 Regular Board Meeting Dates – was the fifth item called for the evening. Upon reviewal of dates, first motion, and second, official dates for regular 2024 Zoning Board meetings were selected. V. Applications Docket ZB23-13, 37 Columbia Avenue, Block 1084, Lot(s) 25, in the R-3 Zone • Matter was called as the sixth item of the evening. After the first motion and second, the application was adjourned to January 30, 2024, with no further notice required and all time limitations waived by Attorney Steven H. Wolff through an official letter request of adjournment. Docket ZB23-14, 62 Brighton Avenue, Block 3245.04, Lot(s) 1, in the C Zone District • Matter was called as the seventh item of the evening. After the first motion and second, the application was adjourned to February 20, 2024, with no further notice required and all time limitations waived by Attorney Gary E. Cohen, present during the meeting. Docket ZB23-04, 329 Howe Avenue, Block 3272, Lot(s) 44, in the R-3 Zone • Attorney Gary E. Cohen, representing the applicant gave a summary of previous hearings of this matter and the previous board determination deeming the intention of the application as a nonconforming use within the zone. • Mr. Cohen requested testimony consideration. 2|P a g e January 9, 2024 ZONING BOARD MINUTES AND VOTE SHEET • Zoning Board Attorney, Douglas Kinz, made a question about the request for testimony consideration. • Mr. Cohen clarified that he was for proceeding with a hearing using the same testimonies and presentations. • Mr. Kinz advised the Board of the previous board determination. • Mr. Cohen expressed the application’s goal. • Mr. Kinz gave a legal opinion. • Mr. Joseph Vince was called and sworn in as a licensed Planner and Engineer. • Mr. Cohen questioned Mr. Vince and Mr. Vince gave his professional view on the application and property garage use along with some backstory and purpose of use. • Mr. Vince presented previous exhibits. • Commissioner Brisman asked two questions for Mr. Vince regarding conditional uses followed by his view not in favor of the consideration of the application with a possible deed restriction and conditions. • Mr. Kinz commented on property variances and deed restrictions. • Mr. Vince gave his professional opinion succeeding a question by Mr. Cohen. • Chairman Bazian commented not in favor of the application’s approval. • Mr. Vince followed with additional professional background information. • Commissioner Stareshefsky commented not in favor of the application. • Commissioner Brisman commented. • Chairman Bazian requested a break. An official break was taken at 8:27 PM and the meeting was officially resumed at 8:41 PM by roll call. • Mr. Cohen suggested the removal of the garage lift supported by the applicant, Mr. Ricardo Rodriguez. • Chairman Bazian suggested the removal of the forklift, continuing the application working alongside Mr. Julio Santana through the submission of permits, and requested an adjournment. • The application was carried to February 20, 2024, with no further notice required and all time limitations waived. VI. Adjournment Upon motion, seconded, and carried, the meeting was adjourned at approximately _8:49 PM_. 3|P a g e January 9, 2024 ZONING BOARD MINUTES AND VOTE SHEET A copy of said applications and documents are available on file with the Administrative Officer, Municipal Land Use Law, Passaic City Hall, Room 205, 330 Passaic Street, Passaic, NJ. Any interested party may inspect these records by calling and scheduling inspection with the Passaic Zoning Board of Adjustments Secretary at (973) 859-1344. Mariana V. Fera Mariana V. Fera, Board Secretary Municipal Land Use Law 4|P a g e