The City of Passaic Board of Adjustments held a special meeting on March 28 th, 2017 in the Council Chambers, City Hall, 330 Passaic Street at 7:30 p.m. and opened the meeting at 7:51 p.m. by requesting a roll call. The invocation was given and all recited pledge of allegiance. ROLL CALL: PRESENT Menachem Bazian Chairman Deiby Martinez Vice Chairman Yaacov Brisman Secretary Vacancy --- --- Vacancy Alt # 1 --- --- Moshe Stareshefsky Alt # 2 Nelson Gonzalez Alt # 3 Jonathan Pittinsky Alt # 4 ALSO PRESENT: Julio Santana, Zoning Officer Douglas Kinz, Esq., Board Attorney Mark E. Everett, P.P., AICP, Board Planner Commissioner Jason Dukes of the Planning Board arrived at the meeting at 10:33p.m. APPLICATIONS: 1. Docket #ZB16-21, 96 Third Street, Block #1003, Lot: 29 in the R3 Zone District, applicant T-Mobile Northeast LLC, is seeking D (3) Conditional Use Variance to install a cell tower at the above address. Cell towers are a conditional use permitted in the M1 and M2 zone districts. First Appearance. (To be adjourned to May 23 rd, 2017.) Item #4 of the agenda was read in the record. Frank Ferraro, Esq., Attorney for the applicant was A motion to adjourn hearing of 96 Third Street to May 23 rd, 2017, was made by Commissioner Brisman, seconded by Commissioner Diaz, on a roll call vote, all in favor the motion passed. 2. Docket #ZB13-08, 705-713 River Drive, Block 1326, Lot 1, in the M-2 Zone, applicant River Drive Associates, LLC, is seeking site plan approval, a D(1) use variance, along with variances for front yard, parking, and any other variances that may be required to utilize the property as a junkyard. Adjourned from January 17 th, 2017. Item #1 of the agenda was read in the record. Charles Sarlo, Esq, Attorney for the applicant was Phillip LaPorta, Esq. & Bruce Rosenberg, Opposition Counsel were also 1 P a g e
Eric Swerling, Noise Expert of Flemington, NJ was recalled to give additional testimony. He referenced the Regulatory Compliance Analysis dated March 17 th, 2017 submitted to the Board. Commissioner Brisman had a question for Mr. Swerling. Exhibit A-26 - Regulatory Compliance Analysis dated March 17 th, 2017 was marked into evidence. There were no objections about the evidence, but Mr. LaPorte has a concern/objection about Mr. Swerling testimony is beyond his area of expertise. Chairman Bazian had some questions for Mr. Swerling. Commissioner Brisman asked Mr. Sarlo how many times the applicant has been cited for violation of the City of Passaic s noise ordinance. Commissioner Stareshefsky had questions for Mr. Swerling. Commissioner Diaz asked if revised site plans been resubmitted to the Board. Commissioner Diaz asked if a site plan with what is being proposed can be submitted. Chairman Bazian had questions for Mr. Swerling. Mr. LaPorta, Opposition Counsel had questions for Mr. Swerling. Mr. Steve Siklosi, of 25 Orchard Street had questions for the witness. A motion to adjourn hearing to June 20 th, 2017 and lock down meeting, was made by Commissioner Diaz, seconded by Vice Chairman Martinez, on a roll call vote, all in favor the motion passed. 3. Docket #ZB16-17, 365 Main Avenue, Block#3232 Lot#36, in the O-R Zone, applicant Little Steps to Success of Passaic Corporation, is seeking preliminary & final site plan approval & D-3 conditional use variance to conduct a day care center on the first floor. This application will also require variances for left side yard setback along with any other variances, exceptions, or waivers that may be required. Last heard on hearing of January 3 rd, 2017. Carried from February 14 th, 2017 Item #2 of the agenda was read in the record. Vishnu Khemraj, Attorney for the applicant was Charles Olivo, Licensed Engineer of 92 Park Avenue, Rutherford, NJ continued his testimony. Exhibit A-8 On-Street Parking Exhibit was marked into evidence. Commissioner Brisman asked about the parking approval. His concerns about drop-off/pickup have not been appeased. Request for parking space was pulled from the City Council agenda as Engineer had additional questions that needed to be address in order to present to the Council. Commissioner Pittinsky had a question for the witness. 2 P a g e
Commissioner Stareshefsky had questions for the witness. Mr. Steve Siklosi, of 25 Orchard Street had questions for the witness. A motion to adjourn hearing to April 20 th, 2017, was made by Vice Chairman Martinez, seconded by Commissioner Brisman, on a roll call vote, all in favor the motion passed. 4. Docket #ZB16-18, 158-170 Passaic Street, Block#1040 Lot#22, 27, 28, 29, 30, in the CR-HD Zone, applicant Passaic Tiffany Realty, Inc. is requesting preliminary & final site plan approval and D(5) density variance to continue the commercial space on the first floor of each building and to erect a total of twenty (20) apartment units on the second and third floors. This application will also require variances for lot area, lot width, front yard setback, side yard setback, rear yard setback, lot coverage and a variance for parking spaces for commercial and residential units and any other variances that may be required. Adjourned from February 14 th, 2017. Item #3 of the agenda was read in the record. Bennett Wasserstrum, Attorney for the applicant was A motion to adjourn hearing to June 6 th, 2017, was made by Commissioner Brisman, seconded by Commissioner Stareshefsky, on a roll call vote, all in favor the motion passed. : 1. Minutes of February 28 th, 2017 were brought before the Board for Approval. A motion was made by Vice Chairman Martinez, seconded by Commissioner Diaz, to approve Minutes of February 28 th, 2017, on a roll call vote, all in favor the motion passed. RESOLUTIONS: 1. Docket #ZB16-10, 199 Madison Street. Block #4128, Lot(s) #5, 7, 10 & 17 in the Zone District, applicant Little Achievers Academic Child Care LLC., seeking preliminary & final site plan approval & D-3 conditional use variance to conduct a day care center on a portion of the first floor. This application will also require variances for left side yard setback along with any other variances, exceptions, or waivers that may be required. Approved with the following conditions November 10 th, 2016: 1. Amended Site Plan depicting Playground. 2. Lighting in the Parking Lot, Walkway & Alleyway 3. Assigned parking spaces should be labeled for the use of the Day Care. A motion was made by Vice Chairman Martinez, seconded by Commissioner Diaz, to approve Resolution of 199-205 Madison Street, on a roll call vote, all in favor the motion passed. Docket # ZB15-07, 247-255 Gregory Ave, Block 2203, Lot 7, 17-19, 22 in the R-3 Zone applicant The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints requesting minor subdivision approval, preliminary and final site plan approval and a D (3) Conditional use variance to construct a house of worship. The minor subdivision is for the existing 3 story frame dwelling on lot 7 3 P a g e
(Broadway) which will remain. The applicant will require variances for front yard setback (both lot 7 and parent lot for Church) and a rear yard setback for lot 7 along with any other variances, exceptions, or waivers that may be required Adjourned from April 12 th, 2016. Approved with conditions on May 31 st, 2016. D.Kinz, Board Attorney brought forward an Amended Resolution for approval. Condition for the use of warming stations only was added to the Resolution. A motion was made by Vice Chairman Martinez, seconded by Commissioner Stareshefsky, to approve Amended Resolution of 247-255 Gregory Avenue, on a roll call vote, all in favor the motion passed. 2. 152-158 Market St., Block 1045, Lot, 1, 2, 3, 5 & 7 in the CR-HD and R-3 zone district, applicants N&N Properties, LLC, & 152-156 Market Street, LLC are requesting preliminary & final site plan approval, a D-1 Use variance, a D-5 Density variance, and minor subdivision approval to excise a condition that would remove the parking lot from the original approval. The proposal is to construct a new mixed use building with 12 residential units and one commercial on lots 3, 5, & 7. In addition to what is listed above the applicants will require variances for lot size, lot width/frontage, rear yard setback, lot coverage, minimum open space, parking, and any other variances that may be required. Approved with conditions on August 26 th, 2014. Only Commissioner Brisman and Vice Chairman Martinez voted to approve the Application. Commissioner Jason Dukes of the Planning Board who was at the time of the vote a Zoning Board Commissioner was called in to vote to approve the Resolution. A motion was made by Commissioner Brisman, seconded by Vice Chairman Martinez, to approve Resolution of 199-205 Madison Street, on a roll call vote, all in favor the motion passed. ESCROW CLOSEOUTS NONE ADJOURNMENT: Upon motion, seconded and carried, the meeting was adjourned at approximately 10:55 p.m. Miriam R. Perez Board of Adjustment Secretary Municipal Land Use Law 4 P a g e
MARCH 28 TH, 2017 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET VOTING ON ACTIONS: 1. ACTION: Motion to adjourn 96 Third Street hearing to May 23 rd, 2017 Deiby Martinez Vice Chairman Present 2. ACTION: Motion to adjourn 705-713 River Drive hearing to June 20th, 2017and lock meeting to this hearing only. Yaacov Brisman Secretary Present 3. ACTION: Motion to adjourn 158-170 Passaic Street hearing to June 6 th, 2017 Present Deiby Martinez Vice Chairman Present 1 P a g e
MARCH 28 TH, 2017 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 4. ACTION: Motion to adjourn 365 Main Avenue hearing to April 20 th, 2017 Present 5. ACTION: Motion to approve Minutes of February 28 th, 2017 Yaacov Brisman Secretary Present 6. ACTION: Motion to approve Resolution of 199-205 Madison Street application w/conditions. Yaacov Brisman Secretary Present Nelson Gonzalez Alt # 3 Present Jonathan D. Pittinsky Alt # 4 Present Menachem Bazian Chairman Present 2 P a g e
MARCH 28 TH, 2017 CITY OF PASSAIC BOARD OF ADJUSTMENT VOTE SHEET 7. ACTION: Motion to approve amended Resolution of 247-255 Gregory Avenue application. Yaacov Brisman Secretary Present Present Nelson Gonzalez Alt # 3 Present Jonathan D. Pittinsky Alt # 4 Present 8. ACTION: Motion to Present Moshe Stareshefsky Alt # 2 Present Nelson Gonzalez Alt # 3 Present Jonathan D. Pittinsky Alt # 4 Present Menachem Bazian Chairman Present Jason Dukes PB Commissioner Present 9. ACTION: Motion to adjourn Meeting. Deiby Martinez Vice Chairman Present 3 P a g e