Borough of Kenilworth

Planning Board Minutes

November 16, 2006

The meeting began with an affirmation of the Open Public Meeting Act requirements and the Pledge of Allegiance.  The Minutes from October 26, 2006 were approved.  Approval was given to pay the Recording Secretary and the Board Attorney.

Roll Call:  Present:  Mr. Cirillo, Mr. Michitsch, Mr. Beninati, Mr. David, Mr. Soos, Mr. Peters, Mr. Candarella, Mr. Corcione, Mr. O’Malley, Mr. Pantina, Mr. Schielke, and Mr. Russo.  Absent:  Mr. Laudati.

Communications; Re: Application # 34-06, Cuppari, 103 So. 25^th Street.  The attorney for Ms. Cuppari, Mr. Fruchter, requested a postponement to the January 25, 2007 meeting without re-notice by certified mail.  The neighbors and newspapers were legally noticed.  He agreed to send a notice of postponement to the neighbors via regular mail.  This was approved by the Planning Board.

Resolutions:  Application #32-06, Crincoli, 693 Fairfield Avenue, Block 4, Lot 163, for a use variance (2 family in L C zone) and setback variances.  Mr. Peters made a motion to approve this Resolution, 2^nd by Mr. Michitsch.  All in favor:  Mr. Peters, Mr. O’Malley, Mr. Corcione, Mr. Beninati, and Mr. Michitsch.

Application # 33-06, Devlin, 668 Union Avenue, Block 152, Lot 10, a setback variance for a front porch.  A motion to approve this Resolution (with approved plan modifications) was made by Mr. Soos, 2^nd by Mr. Corcione.  All in favor:  Mr. Soos, Mr. Peters, Mr. O’Malley, Mr. Corcione, Mr. Candarella, Mr. Beninati, and  Mr. Cirillo.  Mr. Beninati requested the applicant give him a revised set of plans for the Planning Board files.

New Business:  Application #20-06, Buchalski, 840 Colfax Avenue, Block 175, Lot 2, a Change of Use, wholesale and retail sales in Industrial zone.  Sworn in: Mr. Buchalski, Milltown, N. J., He wants to create a store selling musical instruments in an “I” zone.  Mr. Beninati read a letter from the chairwoman and residents at Colfax Manor, a nearby housing unit.  They are requesting the Board insure this new applicant have adequate parking for this proposed store.  As part of a larger building, there are at least fifteen spaces in front of the building, and a side portion that could accommodate at least thirty cars.  Mr. Buchalski leased about 4,000 square ft. of space, (1,100 square ft. of this to be a store front).  The proposal did not include a site plan for parking spaces allotted to this applicant.  Mr. Buchalski requested a postponement to January, 2007, at which time he will present a site plan and parking calculation (to be submitted no later than January 3).  The Board approved the adjournment, with certified re-notification.

Application #35-06, Laurie, 412 Coolidge Drive, Block 108, Lot 12, a variance to replace an existing front porch roof.  Sworn in:  Robert and Jean Laurie. 

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The original, existing porch is 16’ x 5’.  Mr. Laurie removed the old aluminum awning cover, for construction purposes.  The porch protrudes 5’ into the front setback. The porch roof will protrude no further than the existing steps.  A neighboring porch also protrudes into the setback.  A motion to approve was made by Mr. Soos, 2^nd by Mr. Russo.  All in favor:  Mr. Soos, Mr. Peters, Mr. O’Malley, Mr. Corcione, Mr. Candarella, Mr. Beninati, Mr. Michitsch, Mr. Cirillo, and Mr. Russo.

Application #302, Haag, 24 North 20^th Street, Block 80, Lot 18, a site plan to rebuild a fire-damaged restaurant.  Mr. Joseph Triarsi, attorney, told the Board this application was properly noticed.  A restaurant at this site (Seville’s) was damaged by fire in November, 2004.  Mr. Haag wants to change the structure, and this will create an extension of a pre-existing, non-conforming use.  Mr. Frasier reminded the Board a Use Variance needs five affirmative votes.  Mayor David and Councilman Soos are recused from voting.  Mr. Triarsi said the plan calls for demolition of a pool, an accessory box structure, and the existing structure (now in a Commercial zone).   The new plan will create additional parking spaces.  Every commercial building on this street has 2^nd floor apartments.  Sworn in:  Mr. Michael Testa, architect, presented a design for re-construction.  He said the existing first floor was a restaurant, and a back structure that was used by this facility for storage. A pool and deck are to be removed. A new 20’ x 22’ garage is proposed for the use of the 2^nd floor resident (the owner).  The new proposal will include additional two parking spaces for the tenant or employees.  On the second floor, the apartment will be expanded over the garage to create a dining room, living room, two bedrooms, and a bathroom.  A flat roof will provide a patio area.  The roof will be raised in the attic area to create a bedroom, living room and closet.   The proposed restaurant will be extended another twenty feet.  The exterior will include siding and stucco.  The total square footage for the 2^nd floor apartment will be 1,805 square ft., and the third floor will be 1,333 square ft.   The total living area will be 3,200 square feet. Some existing variances will be asked to be continued (ex. Front and side setbacks).  The proposed 2-car garage may need a bulk variance.

 Sworn in:  Ed Dec, Planner.  He showed the existing conditions and changes were made in agreement with the engineer.  The garage will extend an additional 5’ into the existing 4’2” side setback.  If the Board is opposed to this, the garage could be decreased by 11”, and conform to the side setback.  Previously, the only on site parking was in the driveway.  A total of 22.5’ will be paved in the rear of the structure, creating new parking spaces.  The impervious surface is now 88%; the new plan will be 100%, using paver-type blocks to promote drainage (sloped from rear to front area).  The rear area will be lit with wall lights.  The plan includes two air-conditioner pads in the side yard setback, located between the garage and the fence.  (1.5’ off the property line)  This does not conform to the five foot setback.  There are storage areas on the third floor in which the air conditioning units could be placed.  As a condition of approval, the air conditioners will not infringe on the setbacks.

 Mr. Michitsch stated the need for other variance relief. Mr. Triarsi said “other relief as may be necessary” was mentioned in the notices, and if the application may be amended to include a side yard variance for the garage. 

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A contractor will pick up refuse from an enclosed, fenced area.  A sign could be set up to state the driveway is for private use only.  A recommendation as made that the two doors along the driveway can be egress doors with light fixtures over them.  A condition of approval recommended by PMK is for the applicant to submit documentation of water run-off to the street.  Grading can be discussed with the town engineer. Sworn in:  Mr. Guarriello, planner.  He gave an overview of the surrounding similar structures on the street.  Sworn in:  Mr. Ron Haag, 26 No. 13^th Street.  He testified he would be living in the upstairs apartment with his family.  The present restaurant tenant will continue.  Sworn in: James Cadance, restaurant manager.  He said the restaurant will seat about fifty people.  Mr. Beninati made a motion to approve this application (with all conditions approved by the engineer: ex: the lighting, water run-off issues, fence, and the air conditioner units be taken out of the setback) The Use Variance and Bulk variances for the garage and top of garage area will be included in the Resolution.  The motion was 2^nd by Mr. Corcione.  All in favor:  Mr. Peters, Mr. Corcione, Mr. Candarella, Mr. Beninati, Mr. Michitsch, and Mr. Cirillo.  Opposed:  Mr. O’Malley.

Other Business:  A motion was made to go into an executive session at 9:35 p.m. 

The meeting adjourned at 10:05 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary