BOROUGH OF KENILWORTH

PLANNING BOARD

567 Boulevard

Kenilworth, N. J. 07033-1699

PLANNING BOARD MINUTES

APRIL 28, 2005

The meeting began with the Pledge of Allegiance and an affirmation of the Open Public Meeting Act requirements.� Present:� Mr. Beninati, Mr. Michitsch, Mr. Rappa, Mr. Vitale, Mr. Schultz, Mr. Peters, Mr. Clementi, Mr. David, Mr. Soos, Mr. DeLuca, Jr., Mr. Candarella, Mr. Laudati, and Mr. Cirillo.� Absent:� Mr. Russo

A motion to approve the minutes was made by Mr. Peters, 2^nd by Mr. Soos. �A motion to approve the Attorney and Recording Secretary fees was made by Mr. Schultz, 2^nd by Mr. Peters.� All in favor.

Resolutions:� A motion was made by Mr. Soos, and 2^nd by Mr. Vitale to accept the Resolution for Application #291, Blue Blade Steel, 123 N. 8^th Street, Block 60, Lots 1 and 1.01, for a 2^nd Amended Site Plan and Parking Variance.� All in favor:� Mr. Clementi, Mr. Beninati, Mr. Vitale, Mr. Soos, Mr. Candarella, and Mr. Cirillo.�

New Business:� Application #292, Madden Properties, RE: 753-757 Woodland Avenue, Block 159, Lots 15 & 16 (formerly Rotary), for a Subdivision to convert a Warehouse lot into four (50 x 100�) lots for 2-family houses.

Mr. Fraser, Planning Board Attorney, stated he received a recent phone call from Mr. Joseph Triarsi, attorney for Madden Properties.� Mr. Triarsi said Application #292 would be amended from 2-family houses to single-family houses, and he seeks to postpone the hearing to a later date.� Mr. Lou Madden agreed that his lawyer will give a formal request and modify this Application.�� Mr. David announced to those present: the applicant must re-notice the public prior to the re-scheduled meeting.�

A discussion ensued about the �time limit� between the application to modify the plans and the hearing.� This Application is incomplete; therefore, it may not be heard until it is deemed complete, possibly as soon as the May or June meeting.

Other Business:� Before the Schering-Plough Application was heard, a Review of proposed Borough Ordinances ensued (in particular, Ord. #197-60.1, for Outside Storage Trailers).� Mr. Soos said the Zoning Officer has no way to handle Trailers that are being stored illegally, even on others� property, but the Borough does not have a code to handle this problem.� Mr. Peters said Section B prohibits this use, but Section C states this storage is permitted in some districts, under certain conditions.� He said Section B states outdoor storage is prohibited (except for recyclables and trash).� Mr. Soos said Brent Material complies with Paragraph C, requiring necessary outside storage must be behind a fence and/or shrubs.� (Paragraphs B and C are somewhat contradictory).

Trash must be screened in by fences.

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�Mr. Michitsch asked if the town is trying to prevent the storage of trailers.� He suggested the Ordinance be worded accordingly.� Mr. Peters said Section D states storage containers must be fenced.� Mr. David said there would be a Work Session on May 5, and this issue could be discussed at that time.� Mr. Beninati asked Mr. Fraser if this matter needed to be discussed at an open meeting.� Mr. Fraser replied the proposal could be modified at the Work Session, but must be discussed at an open meeting and presented to the Mayor and Council.� Mr. Peters suggested copies of this Ordinance be duplicated and given to all the Planning Board members for their review.�� Mr. Fraser suggested the Review of Ordinance #197-60.1 be listed on the next Agenda.� Both storage trailers and their contents will be discussed.� Mr. David stated Ordinance #2005-09 was mentioned at the Mayor and Council meeting.

New Business:� Application #287-R1, Schering-Plough Corp., K-6, Flood Study Project, 2000 Galloping Hill Road, Block 181, Lot 1, for a Revised Site Plan and Variance Relief for a Flood Control Project.� Mr. David was recused from the meeting. Mr. Barry Marell represented Schering-Plough Corp.� The original application was approved in June, 2004.� This will be an amendment to the original application.� In the Reinhold Terrace area, the 96 space surface parking will not be needed.�

Sworn in:� Douglas Meeter, project engineer at Schering.� He stated the company will be installing valves that prevent �Backflow� onto the site.� Manholes will be replaced to further mitigate the Backflow.� �Flood gates� will prevent water from entering the building.� Areaways will be extended to prevent water flow.� The Loading Dock will have no modifications.� The Entry to the Auditorium and the Employee Entrance (on the West side) will be discussed.� The existing Road Systems will stay in place.� There was a prior approval of parking spaces.� Presently, there are 4,375 parking spaces, which is more than adequate for the employees. A new application would be presented if future parking spaces will be necessary (ex: raised parking garage).� The three areas to be adjusted are: 1. the employee entrance, 2.� the auditorium entrance, and 3. re-grading the parking area retention basin.� Only ten trees must be replaced after re-grading.�

Mr. Marell distributed (exhibit A-1) packets to the members for the presentation.� With the new proposal, the flood capture area is smaller than the prior approved employee entrance.� The auditorium entrance is revised to include a vestibule and sliding flood doors.� A larger grassy area will stay intact.� Regarding the Retention Basin, the NJDEP verbally stated the new project is better than the previous one.� It is approved by the Union County Soil Conservation unit.� There will be no standing water on the Reinhold Terrace area.� Mr. Michitsch said last year the Reinhold Terrace flooding area would be addressed.� This is a drainage area and an existing condition.� �Mr. Tango, Board Engineer, said the proposed levy (wall) is being eliminated, allowing water to enter the plaza area.� He is not in opposition to the new plans.�

Sworn in:� Katherine Britell, Engineer, said the retaining walls were designed hold the elevation of flood waters and the steel flood doors were manufactured to withstand the full height of the water.� Mr. Peters said the two egresses will be lost and asked if this would affect employee evacuation.� Mr. Meeter said a draft of an emergency plan is being decided.

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Mr. Tango said he had no objection to this modified application.� Mr. O�Brein reminded Mr. Marell that, according to last year�s agreement, fifteen new trees will be planted.� Mr. Cirillo asked if the Market Street to Michigan Avenue floodway will be impacted by this proposal.� Mr. Meeter said there will be no further water increase.� Mr. Marell asked the Board if they have no objection to beginning the Loading Dock Area project.� Schering may proceed under the prior (June, 2004) agreement, at their risk.

Mr. Soos made a motion to accept this Application to go Resolution, 2^nd by Mr. Peters.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Schultz, Mr. Peters, Mr. Rappa, Mr. Vitale, and Mr. Soos.� Motion granted.

The meeting was adjourned at 8:55 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary