Planning Board Minutes from 5/23/2002

The following Board Members were present: Mr. Beninati, Mr. Westbrook, Mr. Vitale, Mr. Schultz, Mr. Rica, Mr. Pugliese, Mr. LoForte, and Mr. Lepore.� Mr. David was excused.� Absent:� Mr. Rappa, Mr. Schlenker (illness), and Mr. Tripodi.� The Sunshine Law was read and the Pledge of Allegiance given.� Mr. Schultz made a motion to accept the minutes of April 28, (with the exception of Application #03-02 should include side, rear-yard setback). 2nd by Mr. Lepore.� All in favor.� No correspondence was received.


Resolution for Application #03-02, Mr. Robert Cox, 52 North 14th Street, for porch encroachment on setback.� Vote was taken. Yes: Mr. Beninati, Mr. Westbrook, Mr. Vitale, Mr. Schultz, Mr. LoForte, and Mr. Lepore. (6 yes, 0 no). Motion granted.

Resolution for denial of Application #04-02, a Dog Day Care Center at 72 Fairfield Avenue was voted on for denial: Mr. Beninati, Mr. Westbrook, Mr. Vitale, Mr. Schultz, Mr. LoForte and Mr. Lepore voted.� Motion denied.

Resolution for Application #02-01, Elshiekh Corporation for E. Tomasso, 410 Lafayette Avenue, sub-division of a lot.� Vote was taken.� Yes:� Mr. Beninati, Mr. Westbrook, Mr. Vitale, Mr. Schultz, Mr. LoForte, and Mr. Lepore.� Mr. David was excused. (6 yes, 0 no) Motion granted.� Mr. Lane will review lot sub-division with Dr. Disko and deliver it to Mr. Beninati.

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���� Application #05-02��� ���� Mr. R. Scorese

��������� ��������� ���� ���� 334 S. Michigan Avenue

��������� ��������� ���� ���� Block 172, Lot 11

��������� ��������� ���� ���� New 2-family house

��������� ��������� ���� ���� In 1-family zone

Mr. Scorese was sworn in and presented affidavits that the new house can accommodate eight cars with off-street parking.� Mr. LoForte asked why build a 2-family in a 1-family zone.� Mr. Scorese said the neighborhood has some grand-fathered 2-family homes.� Mr. Schultz questioned the benefits.� Mr. Scorese said old house was eyesore and new home will improve the area and increase values of other area homes. Mr. Schultz said a new single-family would improve neighborhood too. �Mr. LoForte questioned the width of the driveway.� Mr. Scorese said it would accommodate 6 to 8 cars, whichever the board agrees to.� He said there was no objection from the neighboring 2-family house and the 2-family house across the street.� Mr. Lane stated the board has a right to question the aesthetics and the zoning variances needed. Mr. Scorese suggested a 43� front yard setback would allow more off-street parking.� Mr. Vitale agreed a two-family house would be appropriate in that lot and Mr. Westbrook agreed.� He opened the discussion up to the public for comments.�

Mr. Ferrara was sworn in and testified that he lives in a 2-family house in the area.� He is concerned with where, in proximity to his house, the new house would be placed.� He said since the sheds and old house was torn down, rats are everywhere.� Mr. Scorese said he hired an exterminator and that he would have only a 25� front-yard setback if necessary.� Mr. Schultz suggested the Board of Health be called for the rat condition.� Mr. Vitale made a motion to grant application, 2nd by Mr. Rica. A vote was taken:� Yes: Mr. Beninati, Mr. Westbrook, Mr. Vitale, Mr. Rica, Mr. Lepore.� No:� Mr. Schultz and Mr. LoForte. (5 yes, 2 no)� Motion granted.�

���� Application #07-02��� ���� Consolidated Clothing, Inc.

��������� ��������� ���� ���� 131-135-137 No. Michigan Ave.

��������� ��������� ���� ���� Block 183, Lot 3

��������� ��������� ���� ���� Sales and export of vehicles

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Mr. Schultz was excused as he is within 200� of the applicant.� The attorney for Consolidated Clothing said the business at 137 No. Michigan Avenue is presently a used-clothing business and wants to purchase auctioned cars and export them, with no physical cars on the site. Mr. Lane said no used cars on the lot could be a restriction for a variance. The applicant needs a license to buy the cars and the zoning officer would have to make sure cars would not be parked on the property. The meeting was opened to the public.

Sworn in:� Mrs. Lord, 124 North Michigan Avenue.� She testified that she lives across the street from the applicant and additional parking spots are now on the premises.� She believes cars will park there.

Sworn in:� Mr. Lord, 124 North Michigan Avenue.� He testified that he saw the blueprints�there are 4 left side parking spots and 3 spots on the right side.� Budget rental is now parking in front.� Why does the tenant need additional parking spots if he does not intend to park cars there?

Sworn in:� Mr. Phil Gillich, 217 N. 24th Street, objected to the application, suggesting we do not need used car dealers in our town.

Sworn in:� Michael Harvilla, 132 No. Michigan Avenue, said that #131 N. Michigan Avenue would be an office and #137 would be a used car lot.� If the owner sells the business, the property could be a used car lot if the variance is granted. He is concerned about exhaust pollution and possible extra lighted signs.

Sworn in:� Stephen Horankowitz, 221 North 23rd Street, is concerned once the area is licensed for used cars, it would be difficult to enforce no-parking of saleable vehicles in that area.

Sworn in:� Harold Abrams, part-owner of the property.� Originally Newark Bursh, this building was there since 1940 and is now a warehouse.� State laws require a license to obtain the paperwork to buy at car auctions.� Budget Rent-a-car, another tenant, was asked to remove cars in front of the building. Some manufacturing is in the area. He would like the board to approve the variance.

Mr. Gillich asked why not use the address where the cars are stored as the address for the license address.

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Sworn in: H. Levi, owner of Consolidated Clothing, said cars are bought at auction and brought to import at the port right away.

Sworn in:� Vincent Favata, 116 North Michigan Avenue, asked what will this do to Kenilworth, and who is going to monitor vehicular traffic.� If this is a simple case of paperwork, why not do it from his home?

The attorney for Consolidated Clothing asked for a variance be granted for only 3 years and after that time go for further variance if the applicant lived up to his agreement.�

A motion was made by Mr. Westbrook to deny the application, 2nd by Mr. Rica. Voted in favor of denial:� Mr. Beninati, Mr. Westbrook, Mr. Vitale, Mr. Rica, Mr. LoForte, and Mr. Lepore.� Mr. Pugliese voted for the variance.� Mr. Schultz was required to abstain.� (6 voted for denial, 1 voted to pass the variance). Application denied.

���� Application #01-01��� ���� V & R Associates

��������� ��������� ���� ���� Paparatto Construction

��������� ��������� ���� ���� Owner R. Gulla

��������� ��������� ���� ���� 295 North Michigan Avenue

��������� ��������� ���� ���� Block 19, Lot 24.02

��������� ��������� ���� ���� 3-lot subdivision

Mr. Frazier, an attorney from Clark, represented V & R Associates.� Originally, a 4-lot subdivision was requested two years ago.� Now, the application was amended to 3-lots, because one lot was subdivided and a house constructed.� He said the most logical way to construct houses on this property would be to orientate all three remaining proposed houses toward the Center Street.� The property was once part of a railroad rite-of-way, so the lots would only be 50� deep.� If the board requires different positioning of the houses to comply with more zoning laws, the applicant will agree in order to sub-divide the area into 3 lots.

Sworn in:� Edward Deck, engineer testified to specifics of this variance.� He said Lot #24.02 has 6,000 square feet.� Lot 24.03 has 7,000 Square feet. Lot 24.04 has 8,265 Square feet.�

Lot #24.02 requires a rear yard setback from 20� to 12�.� The front yard is 25�, proposing 12�.

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Lot #24.04 (a corner lot) would have a front yard along N. Michigan Avenue needs no variance, but if facing toward Center Street, then front and rear yard variances will be necessary.

Cape style houses with a breezeway and attached garage are proposed.�

Other suggestions were:� to create a narrow roadway between lots #24.02 and #24.03. One concern is possible: to adjoin Center Street to North Michigan Avenue.

Mr. Schultz asked about the pavement and street widths in this area.��

Mr. Deck said that 2 years ago conditions ware imposed (ex. Drainage, curbing, and others).� These corrections were to be reviewed by Dr. Disko (town engineer), and, as yet, have not come to final agreements in writing with him on this application. Mr. LoForte asked if Mr.O�Brian, who was the planner two years ago, would still be retained on this case. Mr. Frazier, the attorney for V & R Construction said their architect and engineer met five times with Dr.Disko.� He said he understood that the request could not be completed tonight pending Dr. Diskos� report.� Mr. Westbrook suggested at the June 6 work session, this report from Dr. Disko be reviewed.�

Comments were open to the public.

Sworn in:� Susan Freudenberger, 1 Boyd Terrace, bought her house and had a pool put in.� The house that was constructed (by V & R) on the nearby lot is two-story and only 12� away from her fence, which is an eyesore and devaluation of her house. She asked if the long-time neighbors have any rights to oppose further devaluation of their properties (as a result of the proposed construction).�

Sworn in:� Steven Haynkiewicz, 221 North 23rd Street, said parking would not be allowed on a paper street (Center Street).� This proposal would then decrease the already insufficient parking on 23rd Street. In his opinion, because of the many variances required, this land is not buildable.� He asked if drainage and curbing was addressed. Mr. Westbrook said Dr. Disko would address this. A suggestion was made that a copy of the resolution for that street curbing be available at the next meeting.� He said a person purchasing a home in the area (of proposed construction), knowing the existing zoning laws, would come to the conclusion the property (the sub-divided lots) would be too small to build houses on.

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In response to the parking question, the applicants� representative said the proposed driveways would be sufficient parking for these houses if parking were not allowed on Center Street.� He said a drainage system would run along the North side of Center Street to an existing storm water system.� The applicant seeks no parking variances.�

Sworn in:� Pat Ruerup, a resident at 209 North 24th Street, is afraid that future parking overflow would be a problem. The paper street would be the most narrow in the town.� The right-of-way is 40�, after curbing, 28�.�� There has been no prior parking on Center Street.

Mr. Frazier, attorney, suggested this request be carried to the June 27 meeting pending Dr. Diskos� report.� Mr. Lane a waiver of notification would be given for the next meeting.� A motion to carry Application #01`-01 to the June 27th meeting was made by Mr. LoForte, 2nd by Mr. Schultz.� All in favor.

Regarding the placement of the Nitsche house, it must be determined what zone it would be placed in.� Mr. Lane suggested a duplication of the Master Plan Zoning map be made up and enlarged for review.

A motion to adjourn was made by Mr. Rica, 2nd by Mr. Schultz. The meeting was adjourned at 10:30 p.m.

Respectfully submitted,



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