The meeting began with the Pledge of Allegiance and affirmation of the Sunshine Law (Open Public Meetings Act) requirements.� A vote was taken to approve payment of the recording secretary and attorney fees. A vote was taken to also approve the minutes of March 25, 2004.�� All in favor.� Present:� Mr. Beninati, Mr. Vitale, Mr. Schultz, Mr. Soos, Mr. Clementi, Mr. Laudati, Mr. Deluca, Jr., and Mr. Russo.� Absent:� Mr. Michitsch, Mr. Rappa, Mr. David, Mr. Lepore, Mr. Peters, and Mr. Candarella.

RESOLUTIONS:� Application #04-01, Charles Pijanowski, 115 South 20^th Street, a Sub-division into two lots.� Mr. Beninati requested the recommendations of the Borough Engineer, Mr. Ralph Tango, be attached as a written part of the Resolution.� He also expressed the Board�s appreciation to Mr. Tango for his careful review of the applications before the Board.� A vote was taken to approve this resolution. All in favor:� Mr. Beninati, Mr. Vitale, Mr. Schultz, Mr. Clementi, Mr. DeLuca, Jr., and Mr. Russo.� Resolution granted.

NEW BUSINESS:� Application #02-04, Mr. Rapczynski, 339 Roosevelt Lane, Variance for pool setback.� Sworn in:� Mr. Rapczynski, who is replacing a 14-year old pool, with no change in the original position.� However, it is a non-conforming lot and is one foot from the back fence (not the 6� zone requirement).� A move to approve the application was made by Mr. Schultz, 2^nd by Mr. Deluca, Jr.� All in favor:�� Mr. Beninati, Mr. Vitale, Mr. Schultz, Mr. Clementi, Mr. Laudati, and Mr. Deluca, Jr.� The application is approved for Resolution on May 27, 2004.

Application # 06-04, Mrs. Swanson, 26 N. 13^th Street, a rear deck�6� variance for front yard setback�� A vote to approve the application was made by Mr. Deluca, Jr. , 2^nd by Mr. Schultz.� All in favor:� Mr. Beninati, Mr. Vitale, Mr. Schultz, Mr. Clementi, Mr. Laudait, Mr. Deluca, jr.� This application is approved for Resolution on May 27, 2004.

Application #04-02, Paparatto Construction, 101 N. 23^rd Street, for a 2-lot Subdivision.� Mr. Vitale� and Mr. Beninati were recused, and Mr. Schultz became the Acting Chairman.� Aldan Markson, attorney, represented Paparatto Construction.� The present lot is 100� x 100�, to be divided into two 100� x 50� lots.� Regarding the retaining wall, it will not be affected in any way.� Mr. Ralph Tango, Engineer, said the applicant may need to provide an easement for the encroachment on the existing necessary wall. Mr. Markson said his client is willing to accept this recommendation (for an easement) if the Board wants to make that as a condition for approval of this application.�

Mr. Tango suggested, if this application is approved, it should be subject to the submission of the revised plans, reflecting articles three through six of the Engineers Comments.� Mr. Soos inquired about future construction and stated this property is a higher elevation than surrounding properties.� Mr. Tango asked that the drainage be directed away from the adjoining properties, and the overflow be channeled to inlets to adjacent roadways.�

Sworn in:� Greg Scolese, 102 North 24^th Street, a neighbor.� He is concerned about� rodents and debris, resulting from removal of an existing garage.� He also asked if future houses are built to the 30� height requirements, does the builder consider the elevation of ground.� Mr. Markson stated this application is for a sub-division, not approval for building.�� Mr. Schultz said the future buildings should not be a problem if they conform to our zoning laws. He stated there is a 20� rear yard setback.� Mr. Laughlin, Planning Board Attorney in place of Mr. Lane, said the Board can refuse any proposed building if it does not conform to our laws.� Mr. Soos asked if the Board must allow sub-division by law.� Mr. Schultz: yes.� Mr. Laudati asked if a hardship has to exist to approve a sub-division.� Mr. Schultz: no.� Mr. Laughlin stated the Board cannot refuse a sub-division, if conforming. Mr. Schultz asked for a vote on the application, providing it comply with the requests of the Borough Engineer.� Mr. Russo made a motion to accept, 2^nd by Mr. Laudati.� A vote was taken.� In favor: Mr. Schultz, Mr. Clementi, Mr. Laudati, and Mr. Russo.� Opposed:� Mr. Soos and Mr. Deluca, Jr.� This application is approved for resolution on May 27, 2004.�

At 8:20 p.m., a motion for adjournment was made by Mr. Laudati, 2^nd by Mr. Deluca, Jr.� All in favor.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary