BOROUGH OF KENILWORTH

567 Boulevard

Kenilworth, N. J. 07033

PLANNING BOARD MINUTES

NOVEMBER 17, 2005

The meeting began with the Pledge of Allegiance and an affirmation of the Open Public Meeting Act requirements.� Approval was given to accept the minutes and to pay the Attorney and Recording Secretary�s fees.�

Roll Call:� Present:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Vitale, Mr. Soos, Mr. Deluca, Jr., and Mr.Candarella.� Mr. Schultz, Mr. David, and Mr. Russo arrived later.� Absent:� Mr. Cirillo (due to illness), Mr. Rappa, Mr. Laudati, and Mr. Peters.

Resolutions:� Application #17-05, Ferrari, 361 Roosevelt Avenue, Block 103, Lot 5, a front yard variance.� Mr. Beninati made a motion to accept this Resolution, 2^nd by Mr. Michitsch.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Vitale, Mr. Soos, Mr. Deluca, Jr., and Mr. Candarella.

Application # 19-05 , Stafford, 230 Faitoute Avenue, Block 152, Lot 15, a variance for front and side setback/ fence.� A motion to accept this Resolution was made by Mr. Beninati, 2^nd by Mr. Michitsch.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Vitale, Mr. Soos, Mr. Deluca, Jr., and Mr. Candarella.�

Application #15-05, Morino, 334 S. Michigan Avenue, Block 172, Lot 11, a Resolution to allow this applicant to use the Zone Code (prior to May, 2004) for Height Measurement.� A motion to accept this Resolution was made by Mr. Beninati, 2^nd by Mr. Michitsch.� All in favor:� Mr. Michitsch, Mr. Beninati, Mr. Vitale, and Mr. Candarella.

Old Business:� Application #11-05, Metro Auto Electronics, 10 Market Street, Block 179, Lot 6, a Variance (school in Industrial Zone), off-street parking and Access issues.� Mr. A. Markson, attorney for Metro Auto, stated there are problems with the title to the property, as well as legal access for the right-of-way.� Mr. Kelly, the property owner, will meet with a representative of the Railroad and the State in the near future.� He asked this Application be carried to the January 26, 2006 meeting.� The Board agreed, but the applicant must re-advertise and notice given to area property owners.� Mr. Beninati asked Mr. Markson to notify the Board if this application is modified.� Mr. Markson said he would come before the Board in January.�

Application #10-05, Locorriere, 438 North 16^th Street, Block 11, Lot 4, a Variance for front yard setback (porch over-hang).� Sworn in: Frank Locorriere.� He wishes to construct a 4� 6� x 10� front overhang.� The steps are 7� wide, with lights on each side.� A motion to accept this Application to Resolution was made by Mr. Schultz, 2^nd by Mr. Vitale.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Schultz, Mr. Vitale, Mr. Soos, Mr. David, Mr. Deluca, Jr., and Mr. Candarella.

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New Business:�� Application #16-05, Margeton, 273 Lincoln Drive, Block 96, Lot 10, a Variance, front and side, for an attached garage.� Sworn in:� Mr. Rich Margeton.� He wants to build an attached garage on existing non-conforming property.� The front of the garage will be flush with the porch (making it 21� from the property line).� He will use an existing driveway.� The Board would agree to vote in favor of this Application, providing the proposed garage extend no less than 19� 4� into the front yard setback, and no less than 4� into the side yard setback.� With these provisions, a motion to accept this Application to Resolution was made by Mr. Schultz, 2^nd by Mr. Deluca, Jr.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Schultz, Mr. Vitale, Mr. Soos, Mr. David, Mr. Deluca, Jr., and Mr. Candarella.� The Board Attorney told Mr. Margeton construction must be commenced no more than two years from the date of the Resolution

Application #18-05, Favata, 116 North Michigan Avenue, Block 47, Lot 24, Variance for front yard setback.� Sworn in: Vincent Favata.� He wants to construct a 4� overhang over an existing front porch.� The overhang protrudes 8� beyond the front stoop, which is already non-conforming (20.63� from the front yard setback).� The drawing seems to be incorrect in measurement.� A motion to accept this Application to Resolution was made by Mr. Soos, 2^nd by Mr. Vitale.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Vitale, Mr. Soos, Mr. David, Mr. Deluca, Jr., and Mr. Candarella.� Mr. Schultz was recused.

Application #20-05/ #05-03, Rizzo, 216 & 210 North 21^st Street, Block 42, Lots 11,12, and 13, for a sub-division and a Variance.� Sworn in: Joe Rizzo, Jr.� He owns two houses with another lot in the center.� The sub-division will make this property into 3 conforming 50� x 100� lots.� Although one garage will be removed, both houses will remain.� A Variance for a 2�1� side-yard setback (on one house) is requested.� The driveways are not specified on the drawings.� The Board would agree to vote on this Application, if off-street parking is provided for all three houses (complying with Building codes), and shown on the plans.� A motion to accept this Application to Resolution was made by Mr. Schultz, 2^nd by Mr. Beninati.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Schultz, Mr. Vitale, Mr. David, Mr. Deluca, Jr., and Mr. Candarella.� Opposed:� Mr. Soos.

Application #21-05, Casamento, 738 Newark Avenue, Block 127, Lot 20, a Front yard setback Variance for an Addition.� Sworn in:� Mrs. Casamento.� She stated the setback on her property is already non-conforming and she wants to construct a 2^nd story addition.� The existing structure is 24�6� from the property line, and the addition will not protrude any further into the setback.� The driveway will stay in place.� A neighbor (731 Newark Avenue) asked if the 2^nd floor would include a kitchen.� Mrs. Casamento said there would not be a kitchen, just bedrooms.� A motion to accept this Application to Resolution was made by Mr. Soos, 2^nd by Mr. Schultz.� All in favor:� Mr. Clementi, Mr. Beninati, Mr. Schultz, Mr. Vitale, Mr. Soos, Mr. David, Mr. Deluca, Jr., and Mr. Candarella.� Mr. Michitsch was recused.

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Application #285B, Neri, 25 North 26^th Street, Block 189, Lot 9, Bulk variance and Site Plan.�� Thomas Butler, Attorney for Joe Neri, explained this is a �bifurcated� application.� A �use variance� was granted at a Planning Board meeting last year. In 1989, the DEP �capped� the area at North 26^th Street, and the cap cannot be �pierced�.� The property now has a limited use. Transferring vehicles from South 31^st Street to the proposed site would replace the former visible area.�� The new site (25 North 26^th Street) would be fenced-in and have surrounding shrubs.�

Sworn in:� Joseph Neri, 7 Summit Road, Cranford, N. J.� He stated 100 to 300 cars are stored at his property on 31 South 31^st Street.� The new facility would be used for parking of emergency vehicles (tow trucks) and short-term storage of vehicles for minor repairs.� The repair shop would be open from 7 a.m. to 5 p.m.� He does not store �junk cars�.� The transition time to transfer the vehicles from south 31^st Street to north 26^th Street would take about three months.� Fourteen or fifteen cars per day would enter his facility for emergency repairs.� If the customer does not contact the shop, the police department would be notified, and it would be listed as an �abandoned vehicle�.� A �salvage title� would then be made, and the entire process time could be one to two months.� Towing is twenty-four hours a day, seven days a week.� Presently, United Crane stores vehicles there on a month-to-month basis.� There would be a small sign above the proposed stucco building.� The cars will be concealed behind a fence, and only �quick� repairs will be performed.� Any major repairs will be given to another garage.� There is ample parking in the front and side.� Customers may not enter the yard.� Mr. David asked: What will happen to the parking spaces leased to the nearby gym?� Mr. Neri said the gym owner has a key to the gate and his clients can park (up to ten) vehicles anywhere in lot.� The soil cannot be disturbed, and the building will be on a cement platform, called a �raft construction�.� Twenty percent of the cars are usually accidents, and eight percent abandoned vehicles.� If gas or oil is leaking from the car, the leakage must be stopped at the scene before towing.� A car involved in a serious accident would be fixed at 720 Boulevard.� There are parking spaces for 150 to 200 vehicles.�

Sworn in:� Rodger Holmes, 26 Grove Street, Cranford, N. J.� He is the Accounts Manager, employed by Mr. Neri.� He stated they only tow vehicles for the police department, and titles are obtained within thirty to sixty days.� They are licensed and contracted to tow for the GSP, Kenilworth, Hillside, Roselle Park, Springfield, Cranford, and the Union County police.�

Mr. Ralph Tango, Board Engineer, asked how many �bays� would be at the facility.� Mr. Holmes replied there would be eight bays, at one car per bay.� If an average of fifteen vehicles were taken, at least eleven vehicles will need repair.

Mr. Kevin O�Brien, Board Planner, asked how many tow trucks would be on site.� Mr. Holmes replied there would be three to six flatbed trucks during the course of the day.� About twenty people go onto the site (owners, police, etc) daily.� Tow trucks have access seven days a week.� The gates will be secured during �off hours�.� Employees include three truck drivers, three or four mechanics, and a manager.

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�A broken hose, flat tire, or any simple diagnostics will be repaired at this site.� The car will be towed to this facility, but taken to another place for major repairs.�

Sworn in:� Terry Parker, Architect and Planner, Parker Associates, 730 Bouldvard.� He stated this is a �difficult site� to build upon.� More than 50% of this site is remediated.� A cap is on the contaminated area, which was once a pond.� It is capped with clay, nine feet of material was placed over the site.� The building will cover the remediate area.� Normally, a building would be built on a concrete footing.� This entire building will be on an 18� thick slab.� Sanitary lines will be pumped overhead to outside of the remediate area.� Some filling will be necessary to make an even grade.� The roof drain will be piped under the roof to existing manholes.� All water will drain away from the building area.� Contaminates are encased so they cannot migrate.�� Water will be piped to a �catch basin� and will go into an oil-based separator.� There will be three oil-water separators on the site.� Separators will remove all oil and sediment before it goes into the Municipal drainage system.� Every three to six months the pollutants will be removed (except for anti-freeze as it is water soluble).� The storage area is outside of the remediation area and will have the same separator system.� �

Mr. Ralph Tango, Borough Engineer, stated this application must go to the DEP for approval, and construction cannot be started before that.� Should the Board grant approval of this application, Mr. Neri must return to the Planning Board for engineering issues.� The sanitary capacity issue should be addressed.� A calculation was made that the water flow was less than 2,000 gallons a day.� Mr. Tango will discuss this issue with Mr. Soos.� Mr. O�Brien has some site plan questions, regarding lot lighting, gravel, etc.� The architect said a large portion of the land will be paved, with gravel in the parking area.� Mr. Neri will retain a schedule of the oil/water separator maintenance.� This could be a requirement for Planning Board approval.� The waste material will be placed in barrels to be removed by a recycle company. A water line is on the site. �There will be sidewalks on the North side.� There will be two fences, one on the south property line, and another 30� in back of this fence, giving an access between the storage area and the building, and there will be a gate.� The area in front of the building will not be fenced.� Plants are limited due to possible obstruction of the site-triangle. The plans must be revised to show the site triangle to allow for further plantings outside this triangle.� Ivy will be part of the ground cover because it is self-maintaining.�

The lighting is set high (30�) for security and to reduce the number of poles.� They are outside of the remediation area.� Proximity sensors will be considered.� There will be lights on the building, 38� apart.� Mr. O�Brien pointed out the 30� high light will be visible on Galloping Hill Road.� Mr. Tango suggested three or four lights placed at twenty feet high could be placed, instead of two at thirty feet high.� The architect said this height would not be enough to reflect onto the building. Mr. Tango suggested the lights be placed near the storage area. �The sign will be 7�6� by 2�6� high. (L & J) will be solid letters with neon behind for silhouette.� The sign illumination level should be specified.� Mr. Beninati commented that the Board has been trying to improve the aesthetics of all new buildings, especially in the Industrial zone.� A request was made of the applicant to do this, and he felt the result was well done.

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Mr. Candarella said, since the middle area will be gravel, what will be done to this area after United Crane leaves.� Mr. Neri would want to pave that area at that time.� Mr. O�Brien asked about the provision in the Resolution last year that �linked� the closure of the 31^st Street lot with the 26^th Street lot. The Resolution states the applicant must remove all the cars and debris within a certain amount of days.� It is suggested the Resolution condition could state: the transition of the vehicles from 31^st Street to 26^th Street take no more than 90 days.�

Mr. David asked if there would be any street openings on North 26^th Street.� The Architect said it would be minimal.�

Mr. Tango suggested there should be five conditions for Board approval, in addition to Mr. O�Brien�s site plan revisions:

����������� �1.� Approval be subject to review and approval of the storm water design

����������� �2.� The application is subject to DEP approval.

����������� �3.� The site plan be subject to review and approval of the sanitary discharge

����������� �4. �Any improvement made to the crane storage area be brought before the Board

����������� �5.� The rear storage area on the North end be striped for 120 spaces

������������� (Note: two other requirements are stated below)

Mr. Tango asked if the Board would want to impose a limitation of the number of vehicles, or allow any number that can fit.� It was agreed they would not be �stacked�.

Mr. Ed Short, a neighboring property owner, asked if the vehicles at North 26^th Street be using the right-of-way to Michigan Avenue.� Mr. O�Brien suggested a condition of approval be based on a fence be constructed with no gate and no access to this easement to Michigan Avenue.� It is a narrow alley that goes between two factories.�

Mr. O�Brien showed pictures of the area.� His suggestions for conditions of approval are:���

����������� �1.� Some Revisions on the site plan

������������ 2.� More information on the Oil Separator Maintenance with town inspections

����������� �3.� Future improvements of the middle yard be approved

����������� � 4.� Lighting should not have high visibility

Mr. Beninati moved to accept this Application to Resolution, based on the specific conditions of Mr. Tango.� Mr. David suggested another condition include a Lighting Plan acceptable to the Board (example: four poles at 20� high).� Mr. O�Brien suggested the Resolution have a town Inspector check the Oil Separator Maintenance once a year.� This was agreed to be part of the resolution also.� Based on these seven requirements, Mr. Vitale 2^nd the motion.� All in favor:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Vitale, Mr. Soos, Mr. David, Mr. Deluca, Jr., Mr. Candarella.� Mr. Schultz was recused.�

Proposal for Bulk Requirements for 2-family houses�� Mr. Fraser will be review this with the Board at the next Work Session (December 1)

Adjournment� �The meeting was adjourned at 10:40 p.m.

Respectfully submitted,

Janet M. Murphy, Planning Board Recording Secretary