Planning Board Minutes

Borough of Kenilworth

June 23, 2011

The meeting began with an affirmation of the Open Public Meetings Act.  The schedule of meetings is on file in the Borough Clerks’ office, was posted on the bulletin board, and has been mailed to the Cranford Chronicle, the Kenilworth Leader, and the Star Ledger.  All present recited the Pledge of Allegiance. The Board approved the May 26, 2011 minutes.  Approval was given to pay the Recording Secretary.

Roll Call:  Present:, Mr. Lepore, Ms. Bogus, Mr. Sica, Mr. Pugliese, Mr. Cuppari, Mr. Manee, Mr. Murphy, Mr. Badalli, and Mr. Cammarota.

Absent and excused:  Mr. Picerno.

Communications:  Ms. Bogus said there are no communications.

Resolutions:  There are no resolutions on the agenda this month.

Old Business:  Application #4-11 & #323, Verizon Wireless, NY/SMSA, 201 So. 31^st Street, Block 178, Lot 6, Use variance and site plan.

Mr. Warren Stowell is representing the applicant, Verizon Wireless.  He explained this application was carried from the May 26, 2011 Planning Board meeting. 

The purpose of this application is to add a generator to the existing site at 231 South 31^st Street.  This will require a D-2 variance.  An additional height variance of one foot will also be required, since this is an accessory structure. 

Mr. Cammarota was recused.

Sworn in:  Mr. Frank Colasurdo, architect.  He displayed a map of the area and an architectural drawing.  This unit is located in an Industrial area.  Verizon needs to supply emergency generators at their sites.  A masonry shed is on the northern side of the equipment building; Verizon wants to place a generator on a steel platform 3’ 10” above this shed.  It will be fueled by natural gas, and an outside 18’ ladder with a lockable cover.   There will be two motion flood lights.  A 45-minute weekly test (between 10 a.m. and 2 p.m.) will be made; it will meet all of the N. J. noise standards.  The nearest property is over twenty-eight feet away.  There will be no extra signage.  The 31 sq. ft. generator measures 84” at the base (66” x 37” high), and 110” at the top.  A metal box will enclose the generator.  The color will be compatible with the main building.

It will provide 200 amps of service.  It will be registered with the clean air act.

Sworn in:  Mr. William Masters, Jr., Professional Planner.  He reviewed all drawings, ordinances, and the Board Engineer and Board Planner reports.  This site was previously approved by the Board for cell tower use; any addition to this site requires Board approval. 

Aerial photos (exhibit A-2) showed the facility.  Mr. Pugliese noted there is refuse around the area.   He suggested as a “condition of approval”, the facility area be kept clean.  Mr. Masters replied Verizon can keep the fenced-in compound area clean, but the debris (wood pallets, cars, etc.) outside of their leased compound belongs to the land owner. 

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Mr. Guidetta, Board attorney, said this tenant has no authority to remove the items outside of the fence; it is the responsibility of the property owner, and he should honor the zoning codes.  Also, it is necessary for the property owner to keep the entrance gate to the compound free and clear.

As a “condition of approval”, the area inside the immediate vicinity of the compound must be cleaned up. 

A motion to approve this application to resolution, with the suggested condition, was made by Mr. Pugliese, 2^nd by Ms. Bogus.  All in favor:  Mr. Lepore, Ms. Bogus, Mr. Cuppari, Mr. Sica, Mr. Pugliese, Mr. Manee, Mr. Murphy, and Mr. Badali. 

New Business:  Application #6-11, AP & TC Enterprises, LLC., Deli/Convenience store, 242 Boulevard, Block 72, Lot 1, Request for a certificate for a pre-existing, non-conforming Use. 

Sworn in:  Mr. Anthony Pantano, owner.  Ms. Bogus said she was sent a notarized affidavit that Mr. Pantano is the owner of the deli.

Mr. Pantano leased this deli on April 1^st from the property owners, who had maintained a deli at this location for the past fifty years.  The director of the Board of health verbally approved this proposal, as did the building inspector.  He will be making improvements, and there will be no structural changes to the building; he just needs approval to continue the existing use.  Mr. Pantano is asking the Board for an interpretation of the zone law regarding the zoning officials’ denial of the new grill system.

Sworn in:  Bob Herbert, zoning official.  He has records that date back twenty years.  He said a suggested hood vent was to be added through the roof.  He said the odors this will emit, would not be favorable to the nearby property owners.  His reason for zoning denial was the expansion of this kitchen facility.  The original owners of the deli did use a stove with a small vent.  Mr. Lepore said our zoning ordinances do not include appliances inside of the building.  Mr. Herbert said if the area residents are okay with the new grill and venting system, he has no objections.  The Board engineer asked what foods were served in the past.  Mr. Herbert said some hot foods (hot dogs, burgers, etc.) were served, using a 14” kitchen exhaust fan. 

Mr. Guidetta said: if the Board believes the grill would be considered an expansion or an enlargement of a non-conforming use, than they would require Mr. Pantano apply for a variance.  If, however, the board interprets this grill as an upgrade, a permit could be issued, without the need for a variance.  There is no specific ordinance, it is a board interpretation.

Mr. Pantano said there was an existing stove; he wants to upgrade the kitchen facilities and add a grill with a vent (required by code).  He wants to operate this facility from 6 a.m. to 6 p.m.  The exhaust fan is not a structural change. 

The meeting was opened to the public.  Sworn in:  Mr. John Zimmerman, neighbor to the store. He approves of the store, but not the exhaust fan.  He said he would not approve of the odors emitting from this grill and exhaust system. 

Sworn in:  Ms. Kathy Zarnecki, neighbor.  She approves of the plans for the future deli. She said backyard grills emit the same type of odors; she does not find this offensive.

Sworn in:  Ms. Selma Thigh.  She approves of the re-opening of the deli.  She said it is a neighborhood “meet and greet” store, and she would like the aroma of the grill. 

Sworn in:  Mr. Louis Antaio, son of the former owner.  He said many seniors walk to this neighborhood store for fifty years, and he would like to see this deli continue. 

The meeting was now closed to the public.

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Mr. Lepore said this deli has been a landmark for years and has no problems with the proposed improvements.  Mr. Cammarota made a motion, 2^nd by Mr. Pugliese that this would be a continuance of an existing, non-conforming use, and, subject to the building inspectors’ review, could be issued a c.o.  All in favor of this decision:  Mr. Lepore, Ms. Bogus, Mr. Cuppari, Mr. Sica, Mr. Pugliese, Mr. Manee, Mr. Murphy, Mr. Badali, and Mr. Cammarota. 

Application #1-11, Raffaele Pugliese, 15 No. 8^th Street, Block 73, Lot 5, a site plan for a 2-family home in a single-family zone.

Mr. Cammarota was recused.

Mr. Anthony Sposaro, attorney, represents Mr. Pugliese. He requested this be a bifurcated application:  either a certificate of non-conformity, or for a Use Variance.

He will proceed with the Use Variance request, and, if denied, he will continue on for a certificate of non-conformity.

Sworn in:  Raffaele Pugliese, realtor and owner of 15 No. 8^th Street.  He purchased the house in September of 2010.  He said, since 1975, this house was used as a two-family home.  The property was not listed or taxed as a two-family residence.  At one time, he lived across the street from this house, and it was then used as a two-family unit.  After he purchased the property as an investment, municipal officials informed him this was not listed as a two-family.   It requires a great deal of repair and improvements.  Mr. Pugliese said the first floor has three bedrooms, and the 2^nd floor has two bedrooms.  There are separate entrances to each unit. There are separate services and meters for electric and gas for each apartment.  There are driveways on both sides of the house. 

Sworn in:  John Leoncavallo, professional planner.  He said the house was built in 1923, and it looks like an original structure.  It was built as two units, although it appears to be a single-family house, since only one entrance is visible from the street.  The house is on a 75’ x 100’.  He showed pictures of the area properties; that included ten two-family homes.  It is a mixed-use neighborhood.  He quoted the New Master Plan land use goals: to permit sufficient residential opportunities in locations with access to services to help the Borough senior citizens; to insure new development that is consistent with existing neighborhood character; to encourage the maintenance of all residential properties.  The house was in disrepair. The house will not be knocked-down, but refurbished inside and out, including new windows and landscaping. 

There is sufficient parking for two-families because of the two driveways (which can accommodate five cars on one side and four on the other side, back-to-back) and a one-car garage.  There will be no negative change to the neighborhood and will be a more efficient use of the land, consistent with local zone plans.  Mr. Lepore is concerned about cars “backing out” of these driveways onto 8^th Street, which is a truck route.  Mr. Leoncavallo said they would have to be careful.

Mr. Sica inquired about the setback, which is 35’. 

The Board engineer asked if there were appliances on the second level.  There was a kitchen, a living room and a bedroom upstairs; a kitchen, living room, and two bedrooms downstairs, according to the listing.  It is proposed to have two bedrooms upstairs and three bedrooms downstairs.  Pictures showing the original condition of the rooms were given to the Board. 

Mr. Lepore said the condition of the house looks as if it has not been used for a very long time.  Mr. Sica asked if a single entrance was permitted for a two-family home.

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 Mr. Herbert said he believes only one exit is necessary for a two-family house.  If the use variance is not approved, a certificate of non-conformity will be requested.

The meeting was opened to the public.

Sworn in:  Ms. Barbra Morrison.  She said very few houses are used as single-family units on this street.  She said her grandparents originally owned this house and used it as a two-family house since 1950.  She was not aware this was a single-family zone. 

Sworn in:  Eleanor Fonti.  She lived next door on the right side of this house for the past 25 years.  At that time, there was a couple living on the second floor (of the applicants’ house), and the owner lived on the first floor.  She has a single-family house, but her neighbor said the area is zoned as two-family.

Sworn in:  Bob Herbert, zoning officer.  On the recent Master Plan, this area was not re-zoned as two-family zone, and it remains a single-family zone.  The real-estate listing was as a single family house, and was taxed as a single-family house.  The realtor listed the house as a single-family house, stating it was used as a two-family residence.  Also, he found no permits issued for separate meters.  He spoke to the last owner of the house who said she shared the house with her mom and dad.  Mr. Herbert informed Mr. Pugliese this was a single-family house, which is taxed as a single-family house.  Regarding the statement that the new Master Plan to permit residential opportunities for seniors, he does not believe seniors would want to live in a second-floor apartment walk-up. 

Mr. Sica asked Mr. Pugliese if he knew when the meters were installed, what the tax on the house is, and if he knew that it was taxed as a single-family house.  Mr. Pugliese said the taxes in 2010 were $4,757. 

Mr. Pugliese will not expand the house.  He will change the layout; two bedrooms on the second floor and three bedrooms on the first floor. 

The attorney for this application, asked for a vote on a Use variance.  Mr. Lepore made a motion to deny this use variance, 2^nd by Mr. Murphy.  All in favor of Use variance denial:  Mr. Lepore, Ms. Bogus, Mr. Cuppari, Mr. Sica, Mr. Manee, Mr. Murphy, and Mr. Badali.

The second request for a Certificate of Non-Conformity, for use as a two family proceeded.

Sworn in:  Ms. Victoria Ferguson.  She said the original owners rented to people and then to family members.  She said that owner said she paid a two-family tax rate. 

Sworn in:  Rosalie Cino.  She lived for twenty years on 8^th Street.  She said the house in question was used as a two-family house.

Sworn in:  Mr. Hessian Komora.  He is a friend of Mr. Pugliese.  He said the house appeared to have been used as a two-family house (two kitchens, bathrooms, meters, etc.) when Mr. Pugliese purchased it.

Sworn in: Francesco Dotro.  He said this house was used as a two-family home.

Still under oath:  Elanor Fonti.  She said the house was occupied by different families.  She lived next door.

Sworn in:  Virginia Belson, Relator.  She knew the executor owners of this house.  She asked the tax assessor how the house was being taxed.  She was told it was taxed as a single-family home.  The two former owners cannot be present, but she said they told her they were taxed as a two-family house.  She changed the listing (and wording to two bedrooms, a bathroom, and a kitchen upstairs) from single-family to multi-family on the word of the former owners. 

Mr. Sica said the tenants may have used the living room as a bedroom.

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The Lawyer for the applicant said it historically was used as a two-family home and does not know why it was being taxed as single-family home.  Most of the other houses on North 8^th Street are used as two-family homes.  It would not be using this house to its’ potential.  To remove the kitchen from the 2^nd floor and have an interior entry to the second floor would be very expensive.

Sworn in:  Tom LoBianco.  He said this house has always been used as a 2-family and cannot be changed now.

Barbra Morrison gave a list of previous tenants who lived in this house.

Mr. Cuppari is concerned about the parking issue.  Parking on Eighth Street is very tight.

Mr. Lepore is opposed to this Certificate because of the tax-structure of the area.

A motion was made by Mr. Badali to issue a Certificate of Non-Conformity to allow the use to continue as a 2-family, 2^nd by Mr. Sica.  All in favor:  Ms. Bogus, Mr. Cuppari, Mr. Sica, and Mr. Badali.  Opposed:  Mr. Lepore, Mr. Manee, and Mr. Murphy.

The Certificate of Non-conformity was approved.

The meeting adjourned at 10:35 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary