Planning Board Minutes from 7/22/2004

The meeting began with the Pledge of Allegiance and an affirmation of the Open Public Meetings Act requirements.� A vote was taken to approve payment of the recording secretary and attorney fees.� A few words on the last page of the June 24, 2004 minutes were revised upon the suggestion of Mr. Peters.� All in favor.� Present:� Mr. Beninati, Mr. Michitsch, Mr. Vitale, Mr. Schultz, Mr. David, Mr. Peters, Mr. Soos, Mr. Clementi, Mr. Candarella, and Mr. Russo.� Absent:� Mr. Rappa, Mr. Lepore, Mr. Laudati, and Mr. Deluca, Jr.

�Mr. John Fitzpatrick will be acting Planning Board Attorney, replacing Mr. Lane, for Application #09-04, the Car Wash at 20 Market Street.

Ms. Linda Rodrigues, 59 Reinhold Terrace, Union, N. J. publicly thanked Mr. Beninati and the entire Board for their time and effort in dealing with the placement of the proposed Sprint/Verizon wireless cell tower.� The Planning Boards� concern and co-operation with the area residents was applauded by all present.

Mr. Lane made a request to re-submit Mr. Peters� denial (regarding a zoning interpretation) because of inaccuracies.� When this denial is amended, it will be re-submitted to the Board at a future meeting.

RESOLUTIONS:� Application #287, Schering Plough, K-6, Block 181, Lot 1, for a Site Plan and Variance.� A motion to memorialize was made by Mr. Schultz, 2nd by Mr. Soos.� All in favor:� Mr. Beninati, Mr. Michitsch, Mr. Vitale, Mr. Schultz, Mr. Peters, Mr. Soos, and Mr. Candarella. �Approved.

Application # 288, Z. K. Associates, 718 Jefferson Avenue, for a Site Plan and Use Variance from warehouse to a vehicle lease return center.� A motion to memorialize was made by Mr. Schultx, 2nd by Mr. Beninati.� All in favor:� Mr. Beninati, Mr. Vitale, Mr. Schultz, Mr. Peters, and Mr. Candarella.� Approved.

OTHER BUSINESS:� Mr. Beninati, in order to organize escrow accounts, requested the permission of the Board to include additional information in the application cover letter.� It will be necessary to cover the engineering charges, and, until all escrow fees are paid in full, a c.o. cannot be issued.� (Bulk variances on a single-lot residence will be excluded from additional escrow fees).� To avoid unnecessary charges, Mr. Peters suggested the Board decide when the engineer and planner should be involved with any application.� Mr. David suggested a $500 minimum �up front� fee be charged to open an escrow account.� Mr. Vitale suggested that Mr. Lane be consulted for the language of the cover letter.� A Motion to approve this request was made by Mr. David, 2nd by Mr. Schultz.

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NEW BUSINESS:� Application #09-04, for Gary Criscitello, owner of the Car Wash & Lube, 20 Market Street, for a Variance of an A-frame freestanding sign.� James Mackevich is attorney for this applicant.� He explained that the car wash �open� sign is necessary for operation of this business.� The signs are not left outside overnight.

�Sworn in:� Mr. Criscitello, who said 18% of his business dropped off since the two (42� x 50�)signs were removed.� No complaints have been made about the signs, and they are taken away for snow removal.� Mr. Beninati reminded the applicant that Mr. Rica, former

Zoning Official, requested removal of these signs, since they are an eyesore.� Mr. Criscitello requested the Board make exception to his freestanding signs as a �special need for a car wash�.� Mr. Schultz is concerned about precedent-setting for future requests for these types of signs.� Mr. Fitzpatrick, acting Board Attorney, commented: if this variance is granted; 1. it does not mean any merchant could put up a sign, and 2. it would become an issue if a business of �equal quality� came before the Board.� A motion to deny this �C� variance was made by Mr. Beninati, 2nd by Mr. David.� All in favor of denial:� Mr. Beninati, Mr. Michitsch, Mr. Schultz, Mr. David, Mr. Peters, Mr. Soos, Mr. Clementi, and Mr. Candarella. Opposed to denial: Mr. Vitale.� Application denied.� The applicant has 45 days to appeal this decision to the Supreme Court, after publication of the resolution of denial.

Application #07-04, for Kinder/Mahon, 633 Clinton Avenue for steps and entryway variance.� Since this applicant did not appear before the Board, Mr. Lane said the applicant must show up at the next scheduled meeting (August 26) as a �try or dismiss case�.�� Ms. Kinder and Ms. Mahon must be notified of this re-scheduled meeting.� This case was before the board under a prior approved application for a cantilever, but the owner was not aware she needed an additional variance for the entryway and steps.

Application #11-04, Kevin Charles, 657 Quinton Avenue, for a side yard variance on an Add-A-Level.� Sworn in: Kevin Charles:� He wants to create a 2nd floor on his residence.� His property is a few inches less than 5� on the side and this addition will be adding to a non-conforming use.� A previous decision to dismiss a similar case was incorrect.� Mr. Lane explained a variance is required if an applicant wishes to increase or enlarge that part of the residence that does not conform to the required setbacks. A condition of the variance is that the side yard overhang on the proposed family room will not encroach further into the side yard setback.� A motion to approve this variance was made by Mr. Schultz, 2nd by Mr. Soos.� All in favor:� Mr. Beninati, Mr. Michitsch, Mr. Vitale, Mr. Schultz, Mr. David, Mr. Peters, Mr. Soos, Mr. Clementi, and Mr. Candarella.� Application approved for Resolution.

Application #10-04, Michael Westervelt, RE:� Physical Fitness Facility at 10 North 26th Street., Block 189, Lot 10.� Sworn in:� Mr. Westervelt, 660 Union Avenue.� Mr. Lane explained the reason this application for a parking variance is necessary.� In May, the zoning officers� judgment was over-ruled.� It is a change of use from warehouse to a fitness facility, and ten parking spaces are required.

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Mr. Westervelt presented a portion of the site plan of Application #285B (25 N. 26th Street) Block 189, Lot 9.� It displayed a number of parking spaces in this lot, which is located within 100� from the proposed fitness facility.� Ten of these spaces must be identified with signage that is specifically designated for the fitness facility.� Mr. Lane has prepared the preliminary resolution, with the relief condition of designated parking area.� Mr. Peters suggested the gates would remain open during the fitness facilities hours of operation.� Mr. Soos and Mr. David said the designated spots are required and it is in Mr. Westervelts best interest to have these specific spots.� The meeting was opened to the public.� Sworn in:� William Gates, Access Self Storage, 750 Boulevard.� Mr. Gates said this area has a bad parking situation and suggested a Service business would be a better tenant.� He believes the Fitness facility clients may park in his driveway.�

Sworn in:� Mr. Gerry Ramos, 337 North 19th Street.� He knows the applicant and will live up to the provisions of the Resolution.� He urges approval of this Application.

Mr. Lane suggested Mr. Westervelt return to the next Planning Board Meeting (August 26, 2004) with the proviso that he 1. bring a site plan with the designated ten parking spaces, signed by the owner of Lot #9 (Mr. Neri); 2. the spaces have signage, and 3. the parking lot gate be open during hours of the fitness facility.� A motion to approve was made by Mr. Beninati, 2nd by Mr. Soos.� In favor:� Mr. Beninati, Mr. Michitsch, Mr. Vitale, Mr. Schultz, Mr Peters, Mr. Soos, Mr. Candarella, and Mr. Russo.

Comments for the Good of the Board:� Mr. Peters suggested a committee of Planning Board Members meet and make recommendations concerning accessory structures and buildings.� Mr. David said the budget for next year could allow for revision and updating of the zoning code book.� Mr. Lane suggested a �more defined� setback criteria be made for specific auxiliary structures. Mr. Peters will pursue the issue of Auxiliary structures in forming a committee.

A motion to adjourn at 9:15 p.m. was made by Mr. Soos, 2nd by Mr. Peters.� All in favor.�

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary

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