�The meeting opened with the pledge of allegiance and a reading of the sunshine law.� Roll call: present: Mr. Westbrook, Mr. Beninati, Mr. Vitale, Mr. Schultz, Mr. Schlenker, Mr. David, Mr. Rica, Mr. Lepore.� Absent: Mr. Rappa, Mr. Tripodi, Mr. Pugliese, and Mr. LoForte.� Motion to accept minutes of August 22, 2002: all in favor.� Motion to pay the attorney and secretary: all in favor.

RESOLUTION DENIALS

Application #10-02

Shell Service Station

Block 179, Lot 1

Freestanding Sign

Mr. Westbrook made a motion to memorialize the resolution to deny Application #10-02, 2^nd by Mr. Lepore. Vote to deny: Mr. Westbrook, Mr. Beninati, Mr. Schultz, Mr. Schlenker, Mr. Rica, and Mr. Lepore.�

Application #02-02

Peter Crincoli

44 North 21^st Street

Block 81, Lot 16

Minor subdivision with variances

Vote to memorialize the resolution to deny Application #02-02:� Mr. Beninati, Mr. Westbrook, Mr. Vitale, Mr. Schultz, Mr. Schlenker, Mr. David, Mr. Rica, and Mr. Lepore.

Mr. Schlenker noted the applicants should advertise this and interested parties have a right to appeal this decision to the court or to the Mayor and Council.

COMMUNICATIONS

Mr. Beninati read a request from E. J.�s Grill. The owner is seeking a letter from the Planning Board stating a use variance of a liquor license that includes the back deck will not be necessary.� This letter is to be given to Mayor and Council.

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Mr. Lane requested a copy of the Use Variance from 1994 or 1995 to see what variance was granted before he could determine if the back deck is an expansion of this variance.� Mr. Beninati will look into this matter.

OLD BUSINESS

Application #11-02

AT&T Wireless

60 South 31^st Street

Block 42, Lots 2 & 3

Install Telecommunication Antennas on an existing signboard and install equipment cabinets

A lawyer from Pitney-Roche presented witnesses.

Sworn in: Azad Karim, Electrical engineer, and consultant to AT&T wireless, presented Exhibit A-1-A. Mr. Karim showing the area proposed for wireless coverage designed this map. (Site 119).� Exhibit A1-B Map shows fuller coverage for telecommunications after the application is passed. AT&T will still be below the maximum radio waves allowed and the additional noise factor will not be significant.

Sworn in: Joe Sullivan, Senior Civil Engineer for French & Parrello, explained Exhibit A-2-A, a site plan of the Kenilworth Inn billboard.� It shows the proposed 6 antennas and a 10 x 16� pad (30� away from the billboard) for equipment cabinets.� The antennas will be 96� 6� above grade. The top of the sign is 90� above grade. The antennas are 12� wide.� Parking in the area is sufficient.

Sworn in: Susan Gruel, Licensed professional planner.� This proposal requires a �D� variance for use and height and also a �C-2� variance for rear yard setback near the parkway.� Grey colored antennas will match the area. Radio frequency at this height is necessary for proper coverage.� Dr. Disko agrees.� Mr. Vitale made a motion to approve the Application, 2^nd by Mr. Westbrook.� Yes: Mr. Beninati, Mr. Westbrook, Mr. Vitale, Mr. Schultz, Mr. Schlenker, Mr. David, Mr. Rica, and Mr. Lepore.� Motion granted.

Application #12-02, Mr. Kukla, 34 North 9^th Street for a side-yard air-conditioner was postponed to October 24, 2002 meeting because the applicants were not present.� If the applicants do not respond by the next meeting, this application will be dismissed.�

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Application #267

Ms. Claudia Moreno

13 North 20^th Street

Block 81, Lot 2

Beauty salon�former travel agency

Mr. Vitale made a motion, 2^nd by Mr. Beninati to waive the necessity for a site variance for Application #267 (with two employees and six spaces) there is adequate parking. All in favor.� Application is granted.� A �site review committee� was proposed by Mr. Vitale.

Application #266

Theresa Godinho

629 Washington Avenue

Block 85, Lot 13

Proposed sub-division of lot

Mr. Schlenker suggested that a licensed land surveyor represents the applicant and an accurate survey performed. He also suggested the applicant review recent rulings of sub-divisions at the clerk�s office to determine if this request has a probable denial.� Mr. Lane suggested this application be moved to the December 19, 2002 meeting.

Application #265

Dunkin Donuts

705 Boulevard

Proposed Baskin-Robbins Facility

Stephen Hale, from Hale & Hale Associates, said a rear-yard variance will be required and the loading area be reviewed.

Sworn in: John Palus, of Bohler Engineering Co., is a project manager dealing with fast-food restraints and licensed professional planner.� Exhibit A-1, landscape plan of 705 Boulevard: There are 13 parking spaces, 2 driveways, a 10� x 10�6� rear alley, and dumpster in the southeast corner.� It is located in a L/C zone. The proposed use is a 2,034 square feet Dunkin Donuts facility with a Baskin- Robbins facility.� An upgrade of the interior and bathrooms are proposed.� A five-foot expansion of the building behind the store is proposed, eliminating the back alley.� This leaves 5 �� rear access.� No street parking will be needed.� A 5� x 5� dumpster area is proposed on the east side.� Impervious coverage needs a variance Present conditions are 99.3% coverage to be changed to 91.8%.� There are two lighting fixtures with a suggested third.

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Two signs are proposed, so a variance is needed.� They will be located one under the other for a 48 square footage.� A small 15� freestanding sign is requested at the north-east corner of the site. Proposed improvements include: twenty-one additional plants and foliage, an updated handicapped accessible building, a trash enclosure, eliminating parking in the rite-of-way, new concrete sidewalks and new asphalt.

Deliveries from tractor-trailers include one at 11 p.m. once a week for 20 minutes, and one trailer at 10 a.m.

�Mr. Schultz stated this trailer is stopping at the yellow curb presently around 9 a.m., tying up traffic at the corner of the Boulevard and Michigan Avenue.�

Sworn in Witness: John Harter, employed by Atlantic Traffic Engineers, Inc., showed Exhibit A-1, an architectural plan for the expansion.� From the traffic perspective, 7 to 9 a.m. is the peak period, having about 45 vehicles in transition at that time.� The maximum employees are four, with one employee space next to the driveway.� Mr. Schultz suggested the morning delivery time be changed to a lower traffic time.�

Sworn in witness: Anthony D�Amore, operator of the Dunkin Donuts facility since 1967, discussed traffic concerns with the police.�

Sworn in Witness: Robb Michaels, licensed professional planner for Kenilworth, asked about the parking of the �step-van�.� Answer: by the handicapped space at 5 a.m. and 4 p.m. Mr. Michaels said 544 square feet of impervious coverage is proposed to be removed.� Code #197-76 requires a variance for encroachment of some parking spaces.� There is a prohibition of freestanding signs in the Borough.�

Sworn in: Mr. O�Brien, consultant, was asked by Dr. Disko to discuss the traffic issues.� He suggested some engineering solutions to aid traffic: the Michigan Avenue entrance is too close to the intersection.� Channeling traffic to prevent left-hand turns by use of a concrete curb was suggested.� If the county permits, the rite of way could be curved by means of landscaping to prevent left-hand turns.� The applicant needs time to discuss this aspect.

Sworn in: Ken Marsh, Westfield town engineer, was concerned with the reduced water drainage run-off. The lot should be carefully graded.� He asked how would run-off be kept away from the neighbors� property?� Answer:� It will drain onto

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Boulevard, as there is a small concrete wall that prevents water flow to neighbor.

Also, the proposed grassy area would absorb some run-off.

Mr. Marsh questioned the collection times of the trash enclosure. A rear-door should have some form of lighting for safety reasons. The fire department should verify the safety of eliminating part of the rear alley.

Bob Koneigan, owner of the adjacent stores, is concerned with the water run-off and is afraid of winter water freezing on the walkway. PVC piping to the Boulevard would alleviate the water run off. Parking is alleviated by using neighboring spaces at the peak morning time, and is agreeable to Mr. Koneigan.

Dr. Disko suggested the applicant would carry this request over to the next meeting to discuss some points with our planners. This was agreed, and the Application was postponed until the October 24, 2002 Planning Board Meeting.

Mr. Beninati suggested a Master Plan Review be added to the next Agenda under Other Business.

Motion to adjourn at 11 p.m. by Mr. Schultz, 2^nd by Mr. David.� All in favor.

Respectfully Submitted,

Janet Murphy,

Planning Board Recording Secretary