BOROUGH OF KENILWORTH

PLANNING BOARD

567 Boulevard

Kenilworth, N.J. 07033-1699

PLANNING BOARD MINUTES

MAY 26, 2005

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

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

Resolutions:� Application #287-R1, Schering-Plough Corp., K-6, Flood Study Project, 2000 Galloping Hill Road, Block 181, Lot 1, Revised Site Plan & Variance Relief for Flood Control Project.� All in favor:� Mr. Clementi, Mr. Beninati, Mr. Michitsch, Mr. Schultz, Mr. Peters, Mr. Rappa, Mr. Soos.� Abstained: Mr. Vitale (Reason for abstaining: Mr. Vitale said the Board should be handed the Resolution at least a day before the meeting.)

New Business:� Application #03-05, Locorriere, and Application #04-05, Vaz: These are postponed until the June 23^rd meeting.� It will not be necessary to re-notice the public.

Application #05-05, Trevor Ayr, 724 Clinton Avenue, Block 125, Lot 15.03, Variance on (a 2^nd story deck) rear yard setback requirements.� Sworn in: Trevor Ayr.� He stated the deck could only be 7� deep to meet the Zoning setback requirements.� The proposed upper deck would overhang a lower deck and have only a 15� setback.� The existing non-conforming lower deck is 16� off the property line, which was present when the house was purchased.� The lower deck footing must be replaced to support the top deck. The 2^nd floor deck would be wider and one foot longer than the lower deck.� The property in back of the house has a four foot grade which is lower than the neighbors� property.��� The house is 27� from the property line. There are six rooms on the 2^nd floor.

�Mr. Michitsch said he does not see a �hardship� in this case, and the additional deck may be an inconvenience to the neighbor.�� Mr. Vitale suggested Mr. Ayr could ask for a continuance on this Application.� Mr. George Lodato, 437 N. 15^th Street, made a comment.� A motion to deny this application was made by Mr. Michitsch, 2^nd by Mr. Schultz.� All in favor or denial:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr.Schultz, Mr. Soos, Mr. David, and Mr. Deluca, Jr.� Not in favor of Denial:� Mr. Peters and Mr. Vitale.� Application denied.

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Application #06-05, Santacroce, 429 N. 15^th Street, Block 4, Lot 31, a Variance to park in the front yard setback.� Sworn in:� Mrs. Santacroce, who wants to convert the garage into a handicapped bathroom.� The zone laws require a driveway be set �next to� the house if there is no garage. Because there is no room anywhere else, she needs the driveway to stay in place.� In this case, there is a �hardship�.� A motion to accept this application into resolution was made by Mr. Schultz, 2^nd by Mr. Peters.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr.Schultz, Mr. Peters, Mr. Vitale, Mr. Soos, Mr. David, and Mr. Deluca, Jr.

The Application is accepted for Resolution.

Application #295, Flexi-Van/Fenevaations, 251 Monroe Avenue, Block 24, Lot 1; Block 6, Lot 1.01; Block 62, Lot 1.� This is a Site Plan.� Mr. Beninati recused himself and Mr.

Candarella replaced his seat.

Mr. Douglas Jancek, Attorney for Flexi-Van/Fenevations, stated this will be an addition to the March, 1991 Parking Resolution.� At that time, there was a concern about other tenants that would occupy the buildings in the future.� Fenevations produce high-end custom windows and doors.� Any additional traffic will be minimal.� The hours of operation will be 7 a.m. to 3:45 p.m. (The office will be open from 8 a.m. to 5 p.m.)�

Sworn in:� Mr. Joseph Marra, a registered architect. 22 Howard Boulevard, Mt. Arlington.� He showed the forty-four acre site, at the corner of Monroe & North 8^th Street, located in an Industrial area.� Flexi-van and Reisen Lumber occupies buildings on this site.� This Application is for Fenevations, which is proposing to occupy Buildings #32 and #33.� It has a 29,700 Square foot ground floor area, plus a partial 2^nd floor. The site is pre-developed and the lighting is sufficient.� The proposal is to designate parking spaces for this tenant (Twenty-six in front, eight on the side (one building away), and thirty-two nearby spaces, 300� away).� Based on square footage, more parking spaces (12) would be required.

Mr. Vitale said any changes from the 1991 Resolution must be reviewed by the Board.� Concerning the lighting, Mr. Marra said nineteen buildings have mounted light packs, maintained by Flexi-van.� If needed, the lighting can be added.� There will be fifty employees; forty will be on a regular basis.� Sixty-six parking spaces would be more than enough for this tenant.� Mr. Tango, Board Engineer, said there was no lighting detail furnished to the board.� Loading docks are in the rear of the building, and he asked Mr. Marra if this would be sufficient.� Mr. Marra said the site is extremely well lighted.�

Mr. Tango is concerned about adequate parking within a reasonable distance from the Fenevation offices.� Mr. Marra said the thirty-two of parking spaces will be within a �football field� away, the other thirty-four are near the building.� Mr. Tango said the occupants of Fenevations may park in non-designated spaces in inclement weather.�

Sworn in:� Brian Froelich, 8 Woodland Avenue, Maplewood (owner of Fenevations).� He stated Material supplies are delivered once a week, and shipped a few times a month.� Only a dumpster is on site, no other outdoor storage.

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The Meeting was open to Public comments.� Rev. Mildred Williams, Pastor of the First Baptist Church has a pre-school in the adjacent area.� She asked about the changes to be made.� She was told there will be no incinerator, no loud noises, and the Board would have to review any future changes.

Ms. Bailey, member of the First Baptist Church, asked if there would be a showroom and sales to the General Public.� The answer was: only architects are the buyers and there will be no showroom.� The windows and doors are made of wood, stainless steel, and some aluminum.� All finishes applied on site are water-based.� The coating on the Aluminum materials is applied off-site.� There will be no storage of hazardous materials.

The Resolution must state there will be no outside storage (only a dumpster, that is not in the designated parking areas). The Resolution will subject to Mr. Tangos� approval of any possible additional lighting.

�These will be the designated parking spaces:

�26 spaces adjacent to the building;

�8 spaces next to Building #43;

�8 spaces next to Building #17;

�10 spaces next to building #40;

�14 spaces adjacent to Building #19 (previously approved, but not yet stripped).

In addition, the noise may not exceed the present levels.�

A motion to approve this Application was made by Mr. Schultz, 2^nd by Mr. Soos.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Schultz, Mr. Peters, Mr. Vitale, Mr. Soos, Mr. David, Mr. Deluca, Jr., Mr. Candarella.� This Application is approved for Resolution, subject to the above-mentioned items.

Other Business:� Regarding the request for an extension of the Hoag application #268, memorialized on June 6, 2003.� The Board Attorney said a Preliminary Site Plan Approval has a �shelf life� of three years, and the Final Site Plan Approval has a �shelf life� of two years.� The Board does not have authority to alter this.� A Variance can have a �Sunset Provision�.� RE: the Hoag Application has approval of his Site Plan through June, 2006.� He suggests the Variance approval coincide with the Site Plan approval.� No other date was specified to Mr. Hoag.� The reason for Hoag�s delay is a prior tenant changed his mind, and a future tenant should be in this summer.

A �Sunset Date� for future variance applications could be discussed by the Board.

A motion to adjourn the meeting was made at 9:20 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary

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