The meeting began with the pledge of allegiance and a reading of the Sunshine law.� The following members were present: Mr. Westbrook, Mr. Beninati, Mr. Schlenker, Mr. Vitale, (arrived late) Mr. Schultz, Mr. David, Mr. Rica, Mr. Tripodi, Mr. Pugliese, Mr. LoForte, and Mr. Lepore.� Absent: Mr.Rappa.

Mr. Beninati read the correspondence:� Harvey Fruchner requested a refund of escrow money held for Application #241 (Will Crowley).� Another letter from the First Baptist Church (Rev. Williams) showed their support of having the Montessori school in this church.� Correspondence accepted.� A motion was made to pay the attorney and recording secretary.� All in favor.

RESOLUTIONS

Application #264, for the A & P Amended site plan and Application #2-03, for 741 Union Avenue Subdivision into two conforming lots was voted on for resolution. Yes: Mr. Beninati, Mr. Westbrook, Mr. Vitale, Mr. Schlenker, Mr. Pugliese, and Mr. Lepore.� Resolutions granted.

OLD BUSINESS

Excused from voting: Mr. Beninati, Mr. Tripodi, and Mr. David.� Mr. Schultz listened to the July Planning Board tape regarding the Montessori School to participate in the voting.

Sworn in: Pastor Williams: She and members of the Baptist Church were present to support this proposed pre-school. Formerly, a day care center was at the church and it worked out well.�

Mrs. Sally McGeehan: stated Sgt. Grady put a �car counter� on the street facing the church.� It is a low-traffic area, with no trucks and it is a safe street to drop off and pick up children.�

Dr. Disko stated this application requires a �D� variance in this R-3 zone.� He said parking lot for staff is sufficient and views this as an inherently beneficial use.

Page 2� August 22, 2002 Minutes

There was no opposition from the public and a vote was taken. Yes:� Mr. Westbrook, Mr. Vitale, Mr. Schultz, Mr. Schlenker, Mr. Pugliese, and Mr. Lepore.� Resolution granted.

NEW BUSINESS

APPLICATION #02-02�Mr. Peter Crincoli, 44 N. 21^st Street, Minor Subdivision.

Attorney from Hale & Hale Assoc. spoke for Mr. Crincoli.� The application requests a sub-division of an existing lot into two 37� ft. lots.�

Sworn in: Mr. Peter Crincoli�a carpenter and owner of property.� The lot presently has a single-family house with a 2-car detached garage.� He wants to build a house next to the present house for his mother and grandmother. He said there are other houses on non-conforming smaller lots on the street.�

Sworn in: Anthony Galarano, professional engineer and consulting service for planning boards. He stated (exhibit A-1 map) is a 75� x 100� lot on which a single-family and a soon-to-be-removed detached garage stands.� Variances requested: Two 37.5� x 100� lots instead of 50� x 100�, a front yard 16.5� setback instead of 25�, and a 3.8� side yard instead of 5�.� Currently, several lots on N.21^st Street are non-conforming. (Exhibit A-3).

Sworn in:� Americo Crincoli, architect�proposed (exhibit A-4) a drawing for a two-family house with no driveway by the existing house that has a driveway.� Mr. Crincoli asked for a �C-2� variance for 2 sub-divisions instead of one large dwelling.� Mr. Rica stated the Board never approved two 37� lots.� Dr.Disko, town engineer, said there is not sufficient parking on site and this is a crowded street.� He does not believe there is sufficient cause for this variance.

Ms. A. Richards, 521 Washington Avenue, (corner of North 21^st Street), opposes this proposal.� She suggests it is detrimental to public welfare by allowing more overcrowding of street parking. Other opposition: Ms. Kerner, Mr. Al Opacity, and other residents opposed the sub-division.� Peter Crincolis� mother and father spoke in favor of the application.

Mr. Schultz made a motion to reject the application, 2^nd by Mr. Lepore. A vote to deny was taken: Mr. Beninati, Mr. Westbrook, Mr. Vitale, Mr. Schultz, Mr.Schlenker, Mr.David,

Page 3, August 22, 2002 Minutes

Mr. Rica, Mr. Tripodi, Mr. LoForte and Mr. Lepore.� Application denied.��

APPLICATION #10-02, For replacement of the Shell station signs on the Boulevard by the Garden State Parkway.

Sworn in: David Zuckerman, licensed architect and licensed planner in New Jersey.� He presented three photos depicting the Shell logo, sign, and site area (exhibits A1, 2, &3).

The proposals are: a 23 sq.ft. Reduction of the building sign, a 21.4 sq. ft. reduction of size on the canopy, and a 21.6 sq. ft. increase of the existing sign�a change from 204 sq. ft to 256 sq. ft.� A proposal of replacing the sign poles, the stanchions, the base, and approximately the same height of the existing sign. It will improve the overall look and visibility of the signs. It is customary for DOT clearances to have 7� for the underside of signs, and this proposal is above that. The Union County Planning board has no objections.� The internally illuminated freestanding sign will have the appearance of being not as bright. The setback is maintained. Mr. Beninati asked what the benefits would be to Kenilworth to change the presently 55 square ft. sign to a 76 square ft. sign. Mr. LaForte asked if the height would be increased. Answer: no.

Dr. Disko gave a written report. The proposed freestanding signs do not meet the sign requirements and must have a �D-3� variance and a �C-2� variance for the height.� The decision of the Board is if the new signage is to the benefit of the Borough.� Mr. Beninati would object to an increase in enlargement of the signs.� Dr. Disko said our present Zone law permits only one free-standing sign, not two.� Mr. Lane, Borough attorney, said the issue is a condition requiring five affirmative Board votes.�

At this time, Mr. Lane suggested Application #11-02 (for AT&T antennas) be postponed to the September 26 meeting.

The attorney representing the Shell Service station made an amended proposal for the sign reduction from 256 square ft. to 169 square ft.� Mr. Westbrook made a motion to vote on the entire proposal, 2^nd by Mr. LoForte.� Dr. Disko made a suggestion that a certification be made by a licensed professional on the height of the signs. Dr. Disko suggested a continuance to the next meeting to verify the existing sign height. The applicant agreed to a 70� height and did not opt for a continuance.

Page 4, August 22, 2002 Minutes

A vote was taken: Yes: Mr. Westbrook, Mr. Schlenker, Mr. LoForte, Mr. Lepore.� No: Mr. Beninati, Mr. Rica, and Mr. Schultz.� Motion denied (five affirmative votes were necessary to pass).

A vote was taken to memorialize the Little League Field renovation.� In favor: Mr. Beninati, Mr. Westbrook, Mr. Schlenker, and Mr. Lepore.

A Resolution to memorialize Application #08-02, the Montessori Pre-School at the First Baptist Church. A motion to make this a resolution was made by Mr. Vitale, 2^nd by Mr. Schultz. Yes: Mr. Westbrook, Mr. Vitale, Mr. Schultz, Mr. Schlenker, Mr. Pugliese, and Mr. Lepore.� A vote to memorialize the resolution: Mr. Westbrook, Mr. Schultz, Mr. Schlenker, and Mr. Lepore. Resolution granted.

A motion to adjourn was made by Mr.Westbrook, 2^nd by Mr. Lepore.� The meeting was adjourned at 11:10 p.m.

Respectfully submitted,

JANET M. MURPHY,

RECORDING SECRETARY

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