Planning Board Minutes from 04/28/2005



567 Boulevard

Kenilworth, N. J. 07033-1699


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

Resolutions:  A motion was made by Mr. Soos, and 2nd by Mr. Vitale to accept the Resolution for Application #291, Blue Blade Steel, 123 N. 8th Street, Block 60, Lots 1 and 1.01, for a 2nd 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, 2nd 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

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