Planning Board Minutes from 9/22/2005


567 Boulevard

Kenilworth, N. J. 07033


SEPTEMBER 22, 2005

The meeting began with the Pledge of Allegiance and an affirmation of the Open Public Meeting Act requirements.� Approval was given to accept the minutes, and pay the Attorney and Recording Secretary�s fee.�

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

Communications:Board Attorney, Don Fraser, will formalize an August decision and have a Resolution prepared for the October 27 meeting.� RE:� Any non-conforming Bulk Conditions must be reviewed by the Board for variance approval.� The results are to be given to the Zoning Enforcement Officer and to the Building Inspector.�

Resolutions:� Application #13-05, Krayowski, 37 North 12th Street, Block 77, Lot 8, for a Variance (with modifications of original Application).� A motion to accept the Resolution was made by Mr. Peters, 2nd by Mr. Michitsch.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Schultz, Mr. Peters, Mr. Soos, and Mr. Deluca, Jr.

Application #14-05,� Mazzeo, 223 North 22nd Street, Block 44, Lot 5, for a Variance (with modifications of the original Application).� A motion to accept the Resolution was made by Mr. Peters, 2nd by Mr. Deluca, Jr.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Schultz, Mr. Peters, Mr. Soos, and Mr. Deluca, Jr.�

New Business:� Application # 11-05, Lamera/Metro Auto Electronics, 10 Market Street, Block 179, Lot 6, for a Variance (proposed School in an Industrial Zone).� Mr. A. Markson is requesting a postponement (due to a question of off-street parking and access) of this application until the October 27 meeting, to be carried without further notice.� All in favor.

Application #10-05, Locorriere, 438 North 16th Street, Block 11, Lot 4, a variance for a porch overhangs into the front yard setback. No one was present to represent this application.� The Board made a motion not to dismiss, but to carry this application to a future date (with public notice). Mr. Peters made a motion to carry, 2nd by Mr. Russo.� All in favor:� Mr. Clementi, Mr. Beninati, Mr. Schultz, Mr.� Peters, Mr. Soos, Mr. Deluca, Jr., Mr. Candarella, and Mr. Russo.� Opposed: Mr. Michitsch.

Application #12-05, Candarella, 320 North 21st Street, Block 17, Lot 20, for a Minor Sub-division and a Variance.

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�Mr. Candarella has a 100� x 100� lot to be sub-divided into two 50� x 100� lots.� He is also requesting a temporary variance for his present home, which sits on the proposed sub-divided line. He would like to live in his present house and build another house in the new sub-divided lot.� He would then demolish or move his existing home.�� He handed out an aerial view of the neighborhood (A-1).� Mr. Don Fraser, Board Attorney questioned the time-frame needed to complete this project.� Mr. Candarella requests about 18 months to two years.� Mr. Tango suggested a submission of a revised plan which would include for Conditions of approval:

1. Utility services for both homes

2. Existing ground elevations (to ensure there are no drainage issues)

3. The plans should show how both homes would discharge to a �dry well�

Mr. Candarella agrees to the request of Mr. Tango.� He stated the existing �steps� will be removed, and the ground leveled.�

Sworn in:� Carmine Rosetti, a nearby resident of North 21st Street.� He asked if the Board Members saw the grading of this property (about a 45 degree slant).� Mr. Peters said the Board engineer can address the water run-off and other issues.� Drainage calculations will be submitted.� Mr. Tango stated the reason for the �dry well� and grade survey is to ensure the water run-off does not go onto the neighboring properties.� An alternative would be to possibly tie into an existing Municipal Storm Sewer.�

Sworn in:� Phil Ventre. �He is concerned about his mothers� house at 321 N. 20th Street and asked how the water run-off would be controlled during construction.� Mr. Tango said he would request placing bales of hay or a �silt fence� (a fabric placed along the property line, used to hold back mud run-off).� The Soil Conservation Authority may require certain measures to be taken.�

Mr. Candarella said he may also need a decorative grading wall.� He plans to construct a house in zone conformance; less than 30� high (averaged 15� back from the front, back, and sides of the house). �His present house is 3-story in the rear, and 2-story in the front.�

He may �move� his present house to a conforming area.� Mr. Fraser suggested a �sunset date� would mandate removal of the existing home.� It would be necessary to obtain a T.C.O. from the Building Department.� A motion to accept this application into resolution was made by Mr. Schultz, 2nd by Mr. Russo.� This motion includes approval of a sub-division with a temporary two-year side-yard variance.� The Resolution must meet Mr. Tango�s request of a revised plan to meet his �Conditions of approval�.� Also, a �silt fence� must be in place before construction. All in favor:� Mr. Clementi, Mr. Beninati, Mr. Schultz, Mr. Peters, Mr. Deluca, Jr., Mr. Cirillo, and Mr. Russo.� Opposed:� Mr. Michitsch and Mr. Soos.�

Application #15-05, Morino, 334 S. Michigan Avenue, Block 172, Lot 11, for a Variance (a 2-familly house exceeds the zone height requirement).� Mr. Andril represents Mr. Moreno, who is requesting a height variance for his house.� His client applied for a building permit in July, 2004.� He received a permit in August, 2004.� He could not obtain a Certificate of Occupancy because of a change in the zone laws.�

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The height of new houses or additions must be 30� or less, calculated from 15� away from the base of the house. �Mr. Andril is requesting �extraordinary relief� of this zone law.

Sworn in:� Mr. Nevis, Architect, who prepared the plans for the building at 334 South Michigan Avenue.� He said he designed the house to comply with the then present building codes.� A permit was issued on August 29, 2004.� At the framing inspection, the inspector mentioned the building was too tall.� Mr. Morino went to the Building Department to resolve this issue.� He was told the building was allowed to proceed.� The present zone officer would not issue a C.O. when the house was constructed.� Under the �old ordinance� the home was only 10� over the limit, and, according to the new ordinance, it is almost 5� over limit. The old ordinance allowed a 3-story building in this zone.� Under the old formula, the tip is not to exceed 33� to the �mean elevation� (see Ordinance #197-38, item G).� Because of the grading around the building, the house was not built in accordance with the plans to comply with the old or new ordinances.� There were no spot elevations at the time of the application.� Mr. Tango asked if the property be re-graded to make up the deficiency.� This may be possible in the back of the house. The applicant said the Building Inspector gave his approval to continue building.�

Sworn in:� Mr. Fred Moreno, 334 S. Michigan Avenue.� He said Mr. Joe Lima, Zoning Inspector, inspected the framing in January, 2005, and said the house was �too high�.� Subsequently, he said the Building Department Secretary, Ellen, informed him that Joe Lima gave his approval to continue.� All of the other inspections passed, except the Building inspection.� Mr. Malanda, Building Inspector, said the completed house does not conform by over 4� and would not issue a C.O.�� The architect said the roof would have to be ripped out to comply with even the old ordinance.� Mr. Tango said the Board may give the applicant three options.�

1.� Adjust the roof pitch to comply

2.� Grant the ordinance for the 6� deviation

3.� Have the property re-graded 6� higher from the foundation, (which may not be possible if there is a stream encroachment)

There was a concern with the Board that residents build against zone requirements and come before the Board �after the fact�.� Mr. Cirillo suggested the roof height should be lowered to conform to the ordinance, and the applicant fined $500.� The attorney for the applicant wished the request be carried until October 27.� Mr. Soos suggested Mr. Malanda and Mr. Lima be present at the October 27 meeting.� The Board granted the request for an extension to explore their options.

Application #296, United Fire Protection Corporation, 1 Mark Road, Block 2, Lot 17, for a Site Plan and Alterations for light manufacturing.� Mr. Joseph Propano, an attorney with Heil and Heil Esq., stated the applicant�s property is located in an Industrial Zone.� He will make Site improvements, and renovation of the interior and exterior.� There will be thirty-four parking spaces (71 spaces are required for the buildings� square footage).

Sworn in:� Frank Savino, 207 Cranford Avenue, Cranford, a representative of United Fire Protection Corporation.� He stated there will be an office staff of twenty-two.�

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The thirty-four parking spaces can accommodate the twenty vans and two shop vehicles employed and used by the staff.�

The new warehouse will store the hi-low vehicles.� A new sprinkler system will be installed.� Mr. Tango suggested the Resolution should specify there should be no outdoor storage of any kind permitted on this area.� Sworn in:� Nick Sottos, Engineer, 28 Leppers Lane, Clark.� He said there are several pre-existing, non-conforming conditions.� This site is about 40,000 sq. ft. in an Industrial area, and this use is permitted.� The previous tenant employed over eighty people.� The plans comprise a complete interior and exterior overhaul.� The parking spaces will increase from twelve to thirty-four spaces.� He has complied with Mr. Tango�s suggestions.

Sworn in:� Albert Bossert, 886 Sunset Ridge, Bridgewater, owner of a neighboring industry, approves of this new applicant.� The previous owner may have had copper contamination on this property. Some impervious surface will be removed and shrubs planted. There is no drainage issue.

� Proof of DEP approval is a condition of this Resolution.

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

Application #294-A, WPK Enterprises, 624 North Michigan Avenue, Block 2, Lot 11, for a Revised Site Plan.� Sworn in:� Arthur Henn, Architect, 20 E. Sumner Avenue, Roselle Park.� He showed the present deteriorating building appearance.� He plans to renovate the front fa�ade, creating parapets, showroom windows, and using stone and stucco on the existing footprint.�� The footprint (except the vestibule) comprises about 318 sq. ft.� The present �lean-to� covered storage area will be re-furbished and screened.� Sworn in:� Ed Dek, Planner, 131 N. Michigan Avenue. This is not a retail store.� �He stated the following variance is necessary:� for an (existing condition) impervious surface requirement waiver (over by 1%).� Parking spaces are consistent with Borough requirements with handicapped access to the building.� There are no drainage issues.� Shrubs are proposed around the building.� The dumpster will be surrounded with a board-on-board fence and it will have a gate.� Mr. Tango stated: six parking spaces in front of the building are opposite the driveway, which means vehicles would �back out� into traffic entering the site.� He suggested the entrance driveway could be aligned with the access driveway.� The architect said he would give this idea consideration, but would prefer to leave the plan as is, and keep the vestibule area.�

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

The meeting adjourned at 10:30 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary

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