Planning Board Minutes from 06/23/2005



567 Boulevard

Kenilworth, N. J. 07033-1699


JUNE 23, 2005

The meeting began with the Pledge of Allegiance and an affirmation of the Open Public Meetings Act requirements. A motion to accept the May minutes was made by Mayor David, 2nd by Mr. Deluca, Jr.� A motion to pay the Attorney and the Secretary was made by Mr. Peters, 2nd by Mr. Deluca, Jr.� All in favor. �Present:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. David, Mr. Vitale, Mr. Peters, Mr. Deluca, Jr., Mr. Laudati, Mr. Cirillo, and Mr. Russo. Absent:� Mr. Rappa, Mr. Soos, Mr. Schultz, and Mr. Candarella.

Communications:� Mr. Beninati read a letter from Sally McGeehan questioning the��� chemicals and the processing of materials used at Fenevations.� Mr. Brian Froelich, (a principal of Fenevations) will call Ms. McGeehan.� Mr. Peters suggested the Board Attorney or the Board Secretary send a copy of Resolution #295 to Ms. McGeehan.

Resolutions:� Application #05-05, Trevor Ayr, 724 Clinton Avenue, Block 125, Lot 15.03, Resolution for Denial of Rear Yard Variance.� Mr. Don Fraser, Board Attorney, cited a correction in the date and wording.� All in favor:� Mr. Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. David, and Mr. Deluca, Jr.

Application #06-05,�� Mr. Santacroce, 429 North 15th Street, Block 4, Lot 31, a Variance, Parking in the front yard setback.� Mr. Fraser cited a correction in the date and some type errors.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Peters, Mr. Vitale, Mr. David, and Mr. Deluca, Jr.

Application # 295,� Flexi-Van/Fenevations, 251 Monroe Avenue, Block 24, Lot 1, Block 6, Lot 1.01,� Block 62, Lot 1, for a Site Plan.� Mr. Don Fraser cited a correction in the date and changes regarding the assurance of safe materials used and stored at Fenevations (in agreement with Flexi-van and the May minutes).� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Peters, Mr. Vitale, Mr. David, and Mr. Deluca, Jr.

New Business:� Application #03-05, Mr. Frank Locorriere, 438 North 16th Street, Block 4, Lot 18, Variance for a front porch setback.� Sworn in:�� Mr. Locorriere;� stated he wants to build a 7� wide porch by 7� deep (this includes 3 steps).� He also wants to include an overhang.� Mr. Fraser said a sketch and a variance will be required for this overhang, because it protrudes into the setback.� Approval of this application will be for a 7� wide x 4� deep (plus 3� for the three steps).� The side yard variance is less than ��. Since Mr. Locorriere needs the steps and porch for a Certificate of Occupancy, he must submit an application at another time for the overhang.

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�A motion to approve the Variance (without the overhang) was made by Mr. Vitale, 2nd by Mr. Peters.� All� in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati,� Mr. Peters, Mr. Vitale, Mr. David, and Mr. Deluca, Jr.� Application #03-05 is approved for Resolution.

Application # 04-05, Anthony Vaz, 228 North 20th Street, Block 41, Lot 9, for a Side Yard Variance.� Sworn in:� Anthony Vaz.� Mr. Tom DiGiorgio, architect, spoke for the applicant.� He installed a fireplace and needs the flu to extend 2� into the 5� side yard setback.� Mr. Michitsch suggested this could be a potential fire hazard to the neighbor.� Mr. Fraser said the chimney must be raised to comply with the zone code (from 8� to 10�).� Sworn in:� Mr. Robert Meyer, Jr., 224 North 20th Street.� As a neighbor, he is concerned with the ashes hitting his roof.� Mr. Peters said screening around the chimney would be necessary for approval, and the chimney must be 2� higher to comply with zone codes.� A motion to approve this application (providing it meets all fire and zone codes) was made by Mr. Beninati, 2nd by Mr. Deluca, Jr.� All in favor:� Mr. Clementi, Mr. Beninati, Mr. Peters, Mr. Vitale, Mr. Deluca, Jr., Mr. Russo.� Opposed:� Mr. Michitsch.

Application #04-05 is approved for Resolution.

Application #05-01, Antonio Perez/Beninati, RE: 246-250 North 8th Street, Block 23, Lots 4 & 5, for a Minor Subdivision.� Mr. Joseph Triarsi will represent Mr. Perez.� He stated the two lots are 60� x 100� each.� The lot line will run through an existing structure.� A requested �easement� will allow the existing older house to remain in place, to accommodate an existing tenant.� A new house will then be built on Lot 4.� The present tenant is an elderly woman and she must re-locate within a reasonable amount of time.� There is no lease.� The easement will be abated when the house is taken down.� Sworn in:� Mike Pronesti, 425 Pompton Avenue, Cedar Grove, a surveyor.� He said this is a Minor Subdivision.� The existing lot is 120� x 100�, and the proposed lots will be two 60� x 100�.� Mr. Tango stated three variances are needed:� a side-yard setback variance for both lots, a front yard setback variance for the new lot line, and an �encroachment easement�.� If this application is approved, Mr. Beninati will give the deed to Mr. Perez for the left lot.� Mr. Beninati will retain the right lot.� Mr. Don Fraser stated the sub-division cannot be granted without a variance for a side yard setback.� Mr. Triarsi would like to carry this application for a month, during which time he will amend the application to show the required variance requests.� A denial letter is required from the Zoning Officer, and this application must be re-noticed.� A motion to carry this to the July 28 meeting was made, all were in favor.

Application #292 Rev 1, Madden Properties, RE: 246-250 North 8th Street, Block 159, Lots 15 & 16, a Subdivision to convert a warehouse lot (in an Industrial zone) into four 50� x 100� single family house lots. Sworn in:� Mr. Louis Madden, 48 Kipling Avenue, Springfield.� He stated each house will have four bedrooms and one kitchen.� Three of the 2,000 sq. ft. (living area) houses will have a 2-car garage, vinyl siding, and a basement.� The fourth (smaller) house will be built on a slab and will have a 1-car garage.� The fourth house requires a variance because it is a corner lot.� The present site is a warehouse located on a residential street with single-family homes.� All of the houses will face Woodland Avenue, and all have a 25� front setback.� The fourth house (a corner lot) will have a 15� setback.� Mr. Michitsch suggested these proposed houses may not conform to the character of the existing homes. Mr. O�Brien said the average distance between neighboring homes is about 27�.

Page 3 --� �Sworn in:� Anthony Gallerano, 320 North Avenue East, Cranford (architect). He said three houses will be 38� wide.� There are some smaller and some larger homes in the area.� The current zone line excludes lots 15 & 16 in the �R-2� (residential) zone.� There may have been an existing warehouse in those lots when this street was zoned.� If these lots were zoned as R-2, no variances would be needed.� Presently, Market Street, (an �I� zone) now requires a 25� corner setback.� �Seepage pits� provide some storm water run-off.� Discharge in the rear yard will run-off onto Market Street.� This is subject to approval of the E.P.A.� Mr. Gallerano, as a licensed planner, said Woodland Avenue is predominantly residential, and the two lots that were zoned as Industrial are out of character.� The houses would be an improvement to this neighborhood, with no negative impact on the Master Plan.� This proposal has DEP approval on the abandonment of the warehouse.� Mr. O�Brien, Board Planner, stated the back of the houses will face Commercial property.� The first two houses (from the corner) will face the blank side wall of the Knights of Columbus hall.� Sworn in:� Mr. Thomas Ramos, 663 Newark Avenue (a licensed Real Estate agent).� He agrees that the street is predominantly residential, and the value of the surrounding houses should appreciate with approval of this application.� The size of the houses will be about 2,000 sq. ft. (not including the garage and basement areas).� Mr. Tango, Board Engineer, suggested the application, if approved, should include a �buffer� on the side and rear of the houses (the adjacent commercial properties) and to pave the portion that faces Woodland Avenue.�� Sworn in:� Mr. Kevin O�Brien.� He displayed a photo board (B-1) showing the back of the proposed houses.� They will face a large black industrial building. To soften this effect, there should be a 6� high board-on-board buffer fence and larger trees.� He suggested building four new homes in the proposed lot will have a �crowding� effect.�

Sworn in:� Tom and Danielle Nora, 747 Woodland Avenue.� He is concerned about drainage and if the sewers can handle the new house water run-off.� He wants to be assured the products used will be UL listed.� Mrs. Nora likes the factories as neighbors.� Sworn in:� Larry Hrynkiewicz, 744 Woodland Avenue.� He lived 28 years on Woodland Avenue.� He is concerned about the increased parking, that three houses (not four) would be better.� Mr. Triarsi said the Buffer would not be an issue.� Mr. Tango�s requests will be a condition of the resolution.� The building issues will meet the codes.� Five affirmative votes will be required, since this is a use variance, bulk variance, and a sub-division.� In motion to approve this application was made by Mr. Vitale, 2nd by Mr. Laudati.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Peters, Mr. Vitale, Mr. Laudati. �Opposed:� Mr. Deluca, Jr. and Mr. Cirillo.� Mr. Beninati and Mr. David were recused.� Application #292-Rev 1 is approved for Resolution.

Other Business:� A Special Meeting on July 7 will be held to discuss some Proposed Ordinances.� Mr. Soos and the two members of his committee should attend.

Mr. David suggested it may not be appropriate to �swear in� the public who are only making comments, not testimony.� Mr. Fraser and Mr. O�Brien, who have attended meetings in other towns, stated all who testify are sworn in (including the public, Board Planner, Board Engineer, etc.) to test the veracity of what they say.�

Adjournment:� A motion to adjourn was made at 10:20 p.m.� All in favor.

Respectfully submitted,

Janet M. Murphy, Recording Secretary

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