Planning Board Minutes from 8/25/2005


567 Boulevard

Kenilworth, N. J. 07033


AUGUST 25, 2005

The meeting began with the Pledge of Allegiance and an affirmation of the Open Public Meeting Act requirements.� Mr. Cirillo and Mr. Schultz requested a correction in the July minutes.� A motion to accept the minutes with the corrections was made by Mr. Michitsch, 2nd by Mr. Schultz.� Approval was given to pay the Recording Secretary and the Board Attorney.� Mr. Vitale stated some time is needed to review Resolutions and he will not vote on those presented on the meeting day.

Roll Call:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Schultz, Mr. Peters, Mr. Vitale, Mr. Soos, Mr. David, Mr. Deluca, Jr., Mr. Candarella, Mr. Cirillo, and Mr. Russo.� Absent: �Mr. Rappa and Mr. Laudati.

Communications:���� Mr. Beninati, Board Secretary, announced ��Applications #10-05 and #296 will not be heard this evening. In a letter from Mr. Markson, attorney for Metro Auto Electronics, a request was made to delay the hearing for Application # 11-05 until the September meeting. This was a result of a suggestion made by Mr. Ralph Tango, Board Engineer, regarding some necessary additional information.�

Resolutions:� Application #05-01, �Perez/Beninati, RE: 246-250 N. 8th Street, Block 23, Lots 4 & 5.� All in favor:� Mr. Michitsch, Mr. Schultz, Mr. David, Mr. Deluca, Jr., Mr. Candarella, and Mr. Cirillo.

Application #07-05, �Maranca, 634 Summit Avenue, Block 150, Lot 35.� All in favor:� Mr. Beninati, Mr. Schultz, Mr. David, Mr. Deluca, Jr., and Mr. Candarella.

Application #08-05,� Batista, 325 Ashwood Avenue, Block 167, Lot 1.� All in favor:� Mr. Beninati, Mr. Michitsch, Mr. Schultz, Mr. David, Mr. Candarella, and Mr. Cirillo.

Application #09-05, �Schnal, 637 Summit Avenue, Block 151, Lot 3.� All in favor:� Mr. Beninati, Mr. Michitsch, Mr. Schultz, Mr. David, Mr. Deluca, Jr., and Mr. Candarella.

New Business:� Application #13-05,� Mr. Krayowski, 37 North 12th Street, Block 77, Lot 8 (a Variance for insufficient side and front yards, Garage/Addition).� Sworn in:� Mr. Krayowski.� He stated he owns a non-conforming lot, and wants a 2nd floor addition, not extending on the present footprint.� He has an existing 4�8� right side yard, and a 4�2� left side yard.� He also wants to bring the garage out 6� from the front of the house, which will extend the roof height to 28� 8.5�.� The Board allows no higher than a 30� roof height, to be measured 15� out from the front of the house.�

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He wants to rebuild an existing overhang. Because of a side yard encroachment, he agreed to remove both side yard overhangs, which are just decorative. The plans will be altered to make the overhang flush with the front of the house. �The right side steps will stay, but without an overhang.� A front yard setback variance for this overhang is necessary.� Mr. Peters is concerned about the water flow and the neighboring property. Three variances are needed for this Application.� A motion to accept the Application, with the above-mentioned modifications, was made by Mr. Schultz, 2nd by Mr. Soos.� All in favor:� Mr. Clementi, Mr. Beninati, Mr. Michitsch, Mr. Schultz, Mr. Peters, Mr. Vitale, Mr. Soos, Mr. David, and Mr. Deluca, Jr.� �The Board Attorney said a vote on the Resolution will be made at the September meeting.� Building Permits can be applied for now, but neighbors have forty-five days from the date of approval to stop this project if they have a complaint.

Application #14-05, Mr. Mazzeo, 223 North 22nd Street, Block 44, Lot 5 (a Variance for insufficient side yard for an addition). �Mr. Donald Fraser, Board Attorney, announced his firm has represented Mr. Mazzeo in the past, but does not see a conflict in this case.� The Board did not see a problem with Mr. Fraser representing the town as Board Attorney in this case.� Sworn in: Mr. Frank Mazzeo.� He wants to build an addition and is requesting a variance for setback requirements.� This is a corner lot, which requires a 15� setback.� Presently, the existing house is 8.64� from the left side property line, and 4.75� from the right side property line.� The front of the house is 24.7� from the property line, where 25� is required.� Variances for the left yard, right yard, and front yard are necessary for this project.� In addition, a 2� bay window will cantilever on the front and left setback, which requires a variance.� This should have been a 60� x 100� lot, but is a 50� x 100� corner lot.� To reduce the left side by 6.5� would not make a pleasing structure.� The current driveway will change to the front only, and will be double-wide (18�).� Previously the driveway extends to the rear of the house.� The garage will be on the left side of the house.� A �flying gable� will be in violation of zone laws, and a flush gable will be acceptable.� There are existing front steps, the plans include a self-supporting overhang that extends 4� into the setback and bay windows that extend into the setback.� The suggested roof height of 29.6� must be taken from the 15� street line.� Mr. Soos said any change in service must be in place before the scheduled street paving.� The gas fireplace chimney is 2� above the existing ridge.� Mr. Mazzeo will construct a �direct vent� to take away this 2� chimney vent.� Mr. Don Fraser recommends that Mr. Mazzeo�s building line plan change (to be �flush� along the sides of the building line) must be noticed to the public.� This change enlarges the present plan.� The applicant withdraws this request, to avoid having to return next month. The applicant will comply with a 5� side yard setback on the right side.� Mr. Cirillo stated the nearby Center Street is narrow and could create a �blind corner� effect.� Mr. Mazzeo will have no additional fence at this corner.� The back neighbor� house (on 23rd Street) will not line up with his house.� Mr. Peters said a notation in the Resolution be made that a fence cannot be built to the front, only to the rear.� Currently a 6� board-on-board fence will not extend any further to the front.

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�He agrees he will not extend a fence or shrubs into the �site triangle�.� He does not plan to remove an existing tree. Mr. Soos made a motion to approve this Application (with the above-mentioned agreements), 2nd by Mr. Peters.� All in favor: Mr. Clementi, Mr. Beninati, Mr. Michitsch, Mr. Schultz, Mr. Peters, Mr. Vitale, Mr. Soos, Mr. David, and Mr. Deluca, Jr.� �

New Business:� Mr. Douglas Moore (representing the town engineers� office of Schoor/Depalma) will show a plan for the Municipal Storm Water Management.� This plan conforms to all Municipal requirements (to enforce the State and County Plan).� This affects non-structural storm water requirements.� The last part of the plan is a �mitigation plan�.� This gives an applicant that cannot meet the requirements to ask for relief of the Municipal plan.� He had a variety of maps of the wetlands protected areas that were taken off the DEP data base.� This plan is required to be adopted by the planning board.� The Storm Water Control Ordinance is to be implemented by April 4, 2006.� The Board must approve it by a formal Resolution.� The runoff at Roosevelt and Lincoln Avenues flows toward Cranford, and their town engineer will address that situation with Kenilworth.� The deadline to adopt a Municipal Storm Water Management Plan was August 1, 2005. A motion to accept this Plan for Storm Water Management was made by Mr. Schultz, 2nd by Mr. Soos.� All in favor:� Mr. Clementi, Mr. Beninati, Mr. Michitsch, Mr. Schultz, Mr. Peters, Mr. Soos, Mr. David, and Mr. Deluca, Jr.� Abstained: Mr. Vitale.

Other Business:� Mr. Beninati said the Building Department inspector has some issues with variances regarding non-conforming structures.� Mr. Don Fraser said the Board should not require a variance for any plan that does not increase the existing non-conformity. Some concessions should be brought before the Board. Only an increase of non-conformity should require a variance. A second floor (bulk) should require a variance.

�Before a Certificate of Occupancy is issued, an inspection should be made to see if the building complies with the Resolution and/or the Ordinances.� The Building Inspector must have knowledge of any Resolutions regarding variances to Building plans.� Mr. David suggested the Inspector could be present at the Planning Board meetings.

He also suggested the Board should come up with guidelines regarding non-conforming structures, and be articulately stated.�

This is the proposed guideline:

Regarding any property that has one or more non-conforming Bulk conditions:� any application for development on that property requires variance approval from the Planning Board.

A motion to accept this guideline was made by Mr. Schultz, 2nd by Mr. Soos.� All in favor:� Mr. Clementi, Mr. Beninati, Mr. Michitsch, Mr. Schultz, Mr. Peters, Mr. Soos, Mr. David, Mr. Deluca, Jr., and Mr. Candarella.�

Please note: A memo from Mr. Fraser regarding Work Sessions will be discussed at the next meeting.

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A motion to adjourn the meeting was made at 9:05 p.m.�� All in favor.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary

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