The meeting began with the Pledge of Allegiance and an affirmation of the Open Public Meetings Act requirements.� A motion was made by Mr. Schultz, 2^nd by Mr. Candarella to approve payment of the recording secretary and attorney fees, and to accept the minutes of July 22, 2004.� All in favor.� Present: Mr. Beninati, Mr. Michitsch, Mr. Vitale, Mr. Schultz, Mr. Peters, Mr. Candarella, Mr. Deluca, Jr. and Mr. Russo.� Absent:� Mr. Rappa, Mr. David, Mr. Lepore, Mr. Soos, Mr. Clementi, and Mr. Laudati.

Mr. Loughlin is replacing Mr. Lane this month as Planning Board attorney.

Communications:� Mr. Beninati read a letter regarding the Neri Application RE: 25 North 26^th Street, Block 189, Lot 9, for a site plan and use variance for an auto repair facility.� The attorney for Mr. Neri requested this application be moved to a Special Meeting date on October 7, 2004 (a regular Workshop meeting date).� Earlier in the week, Mr. Tango, Mr. O�Brien, and Mr. Beninati met with the applicants to review this application, and a number of issues arose.� Mr. Tango, town engineer, suggested this delay be granted to allow time for a continuing engineering review of some open items.� He stated the following issues needed to be addressed: the site clean-up, drainage, and the nearby property (10 N. 26^th Street owned by Mr. Neri) and its� impact on 25 N. 26^th Street. An idea to segregate the entrance to the ten spaces designated for Application #10-04 was offered by the engineer. Mr. Vitale called for approval of Mr. Neri�s request. The Board had no objection in moving Application #285B to the October 7, 2004 meeting date.� Request granted.�

Resolutions:� Application #09-04, ( Resolution for Denial)� A variance was requested for a freestanding sign at the Car Wash at 20 Market Street, owned by Mr. Criscitello. A motion was made to memorialize the resolution.� All in favor of this Denial:� Mr. Beninati, Mr. Michitsch, Mr. Schultz, Mr. Peters, and Mr. Candarella.�

Mr. Michitsch commented the signs are still present; Mr. Beninati will inform the Zoning Official, Mr. Limma, of this violation.�

Application #11-04, Mr. K. Charles,� 657 Quinton Avenue, Block 136, Lot 10, for a side yard Variance on an Add-A-Level.� A motion was made to memorialize.� All in favor:� Mr. Beninati, Mr. Michitsch, Mr. Vitale, Mr. Schultz, Mr. Peters, Mr. Candarella, and Mr. Russo.� Approved.

Application #11-04, Mr. M. Westervelt,� RE: 10 N. 26^th Street, Block 88, Lot 6, a Parking Variance for a physical fitness facility.� A motion was made to approve and memorialize.� All in favor:� Mr. Beninati, Mr. Michitsch, Mr. Vitale, Mr. Schultz, Mr. Peters, Mr. Candarella, and Mr. Russo.� Approved.

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Mr. Peters accepted the changes in the resolution regarding a Zoning interpretation, and the vote taken at the July 22 meeting is carried.� Therefore, the request to reverse this Zoning decision is denied.

Old Business: Kinder/Mahon, 633 Clinton Avenue, Block 122, Lot 18, for front steps and entryway setback variance. �Sworn in:� Barbra Mahon. She requests approval of her entryway peak and to make the front steps 7� longer (creating two steps instead of three).� A motion to approve this for resolution was made by Mr. Michitsch, 2^nd by Mr. Deluca.� All in favor:� Mr. Beninati, Mr. Michitsch, Mr. Vitale, Mr. Schultz, Mr. Peters, Mr. Laudati, Mr. Deluca, Jr., and Mr. Russo.� Approved for resolution.

New Business:� Application # 04-03,� The Scourzo Group, RE:� 626-630 Kingston Avenue, Block 120, Lots 13 & 14, for a minor sub-division.��� Mr. Brian Schwartz (320 Park Avenue, Scotch Plains), attorney for Mr. Scourzo, presented the following:� The present lot is 75� x 100� with a 25� x 100� strip alongside.� The proposal is to sub-divide this into two conforming 50� x 100� lots.� Sworn in:� John Scourzo, 306 N. 22^nd Street.� He wants to build two houses on these lots.� Mr. Michitsch voiced his disapproval of adding larger houses that do not conform with the other houses on the block.� Mr. Schultz stated: �by ordinance� a large house can be built on a lot as long as it conforms to our Zoning laws.

Mr. Tango, engineer, said the following items must be addressed before resolution:� Drainage calculations are to be submitted to substantiate the size of the dry wells, and reduction of the fill on the southeast corner of lot 13.01 (possibly adding steps to the porch to be more compatible with the adjoining elevation).� These suggestions should be included in the Resolution.

Sworn in:� Lois Jacoby, 614 Kingston Avenue.� Ms. Jacoby questioned the size of the house to be built, and is not in favor of bi-levels.� Attorney Schwartz stated: Because of new zoning laws, a contractor cannot construct a house as high as some of the other homes on the street.� (The house may not exceed 30� in height.)

A motion to approve this application for resolution was made by Mr. Beninati, 2^nd by Mr. Schultz.� All in favor:� Mr. Beninati, Mr. Vitale, Mr. Schultz, Mr. Peters, Mr. Candarella, Mr. Deluca, Jr., and Mr. Russo.� Approved for Resolution.

Other Business:� Mr. Anthony Peters presented the need to create a sub-committee to make recommendations to the Council concerning Accessory structures (generalized terms and definitions).� Mr. Candarella, Mr. Michitsch, Mr. Peters, and Mr. Deluca volunteered to serve on this committee.�� Mr. Loughlin, attorney, addressed concern with �public perception� of committee recommendations.� Any recommendations would also need to be approved by the Board.

A motion to adjourn at 8:24 pm. was made by Mr. Michitsch, 2^nd by Mr. Schultz.� All in favor.

Respectfully Submitted,

Janet M. Murphy,

Planning Board Recording Secretary