COMMUNICATIONS: Mr. Beninati read a letter from Mr. Fruchter, attorney for Dominic Petracca, withdrawing the variance and to apply for just a sub-division.� Another letter from Mr. DeGeorgio, regarding the office on Monroe Avenue, stated an updated site plan for review will be submitted. A letter from Mr. Lane, board attorney, stated the request for E.J.�s Restaurant to serve food and alcohol outside the existing building is a non-conforming use and suggested E.J.�s come to the board for approval.� The last letter was an action against the town from Peter Crincoli regarding his denied application.� Concerning the Crincoli application,a correction of the minutes of August 22, 2002 in paragraph four: �No� driveway should be �One� driveway.� A motion was made and 2^nd to correct these minutes. The board authorized Mr. Lane to represent the town and file an answer to the Crincoli action. This motion was made by Mr. David, and 2^nd by Mr. Vitale.� All in favor.

RESOLUTION:� For application #269, Rodriguez, 740 W. Colfax Avenue for change of use.� Vote in favor: Mr.Beninati, Mr. Westbrook, Mr.Rappa, Mr. Vitale, Mr. David.� Resolution approved.

Application #265, for Dunkin Donuts, 705 Boulevard, for a proposed Baskin Robbins.� Because our engineer or other town professionals were not present to give their opinion of the proposed sign, it was agreed the sign would be voted on at the December 19 meeting.� A building permit could be applied for with the exception of the sign. A vote was

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Taken to approve this resolution other than the sign.� Voted in favor:� Mr. Beninati, Mr. Westbrook, Mr. Rappa, Mr. Vitale, and Mr. David.� Application approved and memoralized.� The sign portion of this application will be carried to the December 19 meeting.

A vote was taken to deny the resolution for Application #12-02 for Mr. Kukla.� Vote to deny:� Mr. Beninati, Mr.Westbrook, Mr. Rappa, Mr. Vitale, and Mr. David. Application denied.

OLD BUSINESS: Application #02-04, Dominick Petracca, 209-215 N. 16^th Street, for a minor subdivision.� Sworn in: Mr. Petracca stated the two dwellings do not require any variances.� Part of one existing house (the breezeway and garage) will be removed to comply with borough setbacks.� The area is zoned for single-family housing.� The proposal is to move the lot line (with an existing duplex) and divide the remaining lot into two lots. The resolution would be contingent on reducing the one family house on Lot #3 to conform to the setbacks. Mr. Lane said all bulk requirements (one 75 x 100�, one 50 x 100� and one 50 x 100�) for the lots will be met with the sub-division.� Mr. Westbrook suggested Dr.Disko look over the plans and advise the board.

A neighbor said this is a small dead-end street and to take parking into consideration with this sub-division.� This matter will be carried over until December 19, 2002.� Dr. Disko is to give his opinion of this matter at that time.

NEW BUSINESS: Application #15-02, Mr.Evans, 105 Park Avenue, wants to add a 2� cantilever (front and rear, not side) to his present home.� This requires a one-foot setback variance for the front, making it a 24� setback.� The proposed height is 33 ��.� Mr. William Kozinski of Woodbridge Builders suggested the pitch would be changed to 30� to comply with the codes.� The resolution will be contingent on the new plans (indicating a 30� height) being submitted prior to the next planning board meeting. A vote was taken.� Yes: Mr. Beninati, Mr. Westbrook, Mr. Rappa, Mr. Vitale, Mr. David, Mr. LoForte, and Mr. Lepore.

Mr. Westbrook announced Application #16-02 for Bruce Harms, 511 Richfield Avenue, (to change the garage into living space), was withdrawn.

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Mr. Beninati was just given a fax from Shamrock Engineers suggesting the sign for Dunkin Donuts was a positive addition.� This information will be carried to the next board meeting.

Regarding a fee schedule for copying tapes of Planning Board meetings, Mr. Lane will solicit suggestions of fees from other towns (for example, $25. Per tape).� Mr. David said he would bring up this matter to the Mayor and council meeting.�

A motion was made to adjourn the meeting at 9:25.� All in favor.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary