BOROUGH OF KENILWORTH

567 Boulevard

Kenilworth, N. J. 07033

Planning board minutes

December 15, 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. Schultz, Mr. Soos, Mr. Deluca, Jr., Mr. Candarella, Mr. Laudati, and Mr. Russo.� Absent:� Mr. David, Mr. Rappa, Mr. Peters, and Mr. Cirillo.

Communications:� Mr. Beninati received a thank you note from the Staffords to the Board.� Another letter was from the Attorney for LOCC/National Tool, which will be included in Application # 05-04.

Resolutions:�� �Application #10-05, Locorriere, 438 North 16^th Street, Block 11, Lot 4, Variance/Porch over-hang into front yard setback.� All in favor of Resolution:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Schultz, Mr. Vitale, Mr. Soos, Mr. Deluca, Jr., and Mr. Candarella.

Application #16-05, Margeton, 273 Lincoln Drive, Block 96, Lot 24, Variance/Front and side setback for attached garage.� All in favor of Resolution:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Schultz, Mr. Vitale, Mr. Soos, Mr. Deluca, Jr., and Mr. Candarella.

Application #18-05, Favata, 116 North. Michigan Avenue, Block 47, Lot 24, Variance/Front yard overhang.� All in favor of Resolution:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Vitale, �Mr. Soos, Mr. Deluca, Jr., and Mr. Candarella.

Application #20-05, #05-03, Rizzo, 216 and 210 North 21^st Street, Block 42, Lots 11, 12, and 13, Sub-division and Variance. All in favor of Resolution:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Schultz, Mr. Vitale, Mr. Deluca, Jr., and Mr. Candarella.

Application #21-05, Casamento, 738 Newark Avenue, Block 127, Lot 20, Variance/ front yard setback for addition.� All in favor of Resolution:� Mr. Clementi, Mr. Beninati, Mr. Schultz, Mr. Vitale, Mr. Soos, Mr. Deluca, Jr., and Mr. Candarella.

Application #285B, Neri, 25 North 26^th Street, Block 189, Lot 9, Bulk variance and Site plan, with provisions of engineer.� All in favor of Resolution:� Mr. Clementi, Mr. Michitsch, Mr. Beninati, Mr. Vitale, Mr. Soos, Mr. Deluca, Jr., and Mr. Candarella.

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New Business: Application #22-05, Elshiekh Enterprises, LLC, 247 North 8^th Street, Block 24.01, Lot 10, Variance to build a new two-family home in on non-conforming lot.

Mr. Beninati is recused.� Mr. Joseph Papparo, from Hehl & Hehl, Attorneys, represented Mr. Elsheikh.� He said the letter he sent to Mr. Beninati included proof of an offer-to-buy neighboring lots in order to conform to zoning codes.� The existing lot is 4,000 square feet (40� x 100�), and the code requires 5,000 square feet (50� x 100�).� The present two-family structure is in very bad condition and should be demolished.� The Building Inspector cited numerous code violations as well as the house being a fire-hazard.� Currently, the front and side yard are in violation of setback rules.� The new two-family home will comply with the setbacks and the height requirements.

� Sworn in:� Mr. Haney Elshiekh, proprietor of Elshiekh Enterprises.� He said he built a new two-family house at 245 North 9^th Street, having a similar situation.� This area is known for their undersized lots.� The Attorney displayed pictures of four other area houses (example: Block 24.01, Lot 8 (45� x 100�); Block 24.02, Lot 10.02 (40� x 100�); Block 24.01, Lot 7 (45� x 100�), and Block 24.01, Lot 15 (45� x 100�).� Two letters were sent to adjourning property owners, dated November 29, 2005, requesting sale of their property to Elsheikh Enterprises.� Mr. Soos suggested the removal of a proposed basement bathroom as a condition of approval.� Mr. Elsheikh agreed to this condition.� This will not be a three-family house. The present foundation is deteriorating. �Re-cycled concrete will be used for compaction fill.� The attic will have a 2^nd floor furnace.�

Sworn in:� Mr. James Watson, EKA Associates, a land surveyor and planner.� He said the proposed house will have a 25� frontage, and 6� side yards with two garage bays.�

Mr. Vitale made a motion to accept this application into Resolution, (with the removal of the basement bathroom), 2^nd by Mr. Soos.� All in favor:� Mr. Vitale, Mr. Schultz, Mr. Soos, Mr. Michitsch, Mr. Clementi, Mr. Deluca, Jr., Mr. Candarella, Mr. Laudati, and Mr. Russo.

Application #23-05, Frederico, 645 Monmouth Avenue, Block123, Lot 21, Variance to place an air conditioner on the side of house.� Sworn in:� Mr. Wayne Federico, 645 Monmouth Avenue.� He recently added a 2^nd floor and an additional heat and air conditioned zone.� He has an existing rear deck that would prohibit adding the new air conditioner in that area.� He currently has an existing air conditioner on the side of his house, and the additional one would be placed behind the old one.� Some �screening� (example: a small fence or hedge) could be placed in front of the air conditioner to improve the appearance from the street.� A motion to accept this application into Resolution (including screening) was made by Mr. Soos, 2^nd by Mr. Deluca, Jr.� All in favor:� Mr. Vitale, Mr. Schultz, Mr. Soos, Mr. Beninati, Mr. Michitsch, Mr. Clementi, Mr. Deluca, Jr., Mr. Candarella, and Mr. Russo.

Application #05-04, #25-05, LOCC Properties/National Tool and Manufacturing Co.

Mr. Steven Eisenstein, of LDD&P, is representing LOCC.� Mr. Fraser, Board Attorney, noted he worked with Mr. Eisenstein eight years ago, but this case will not be a conflict of interest.� Sworn in: Nicholas Sottos, Engineer & Planner, showed (exhibit A-1) a view of the parking lot.� The following Blocks and lots are in the application:

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Block 55, Lot 4; Block 56, Lot 9; Block 58, Lot 4; Block 59, Lots 1, 2, and 3.� These constitute 100-124 North 12^th Street that total 168,750 square ft.� The proposal is to sub-divide a 5,844 square ft. piece of property from the existing paved parking lot as well as a part of the National Tool property and add it onto the LaTorre property.� There will be no change in the impervious surface.� There will be a change in part of the curb for access.� There is no construction being proposed.� There are no variances needed to constitute legal lots, but a parking is variance is requested.� The parking spaces at National tool require 246 stalls.� They currently have 142 striped stalls.� After the sale of this property, there will be only 110 stalls.� At the present time, there are only twenty employees.� There is sufficient space to provide for more spaces in the future, if necessary.�

In regard to the drainage, water currently drains onto the parking lot, and this will not change.� Mr. Schultz stated this is an industrial site. If National Tool sells their property, the tractor trailer traffic is not shown on the plan and may be a problem.� The architect said a �turning� area could be provided, although it is not shown.� The shed on the property could be removed to increase the parking area.�

Sworn in: Mr. Lenardo LaTorre.� He said currently he has a construction business with light trucks and small pick-ups.� He does not intend to park large vehicles on this property.� Any heavy trucks will be garaged.� He will place a new fence and eventually new paving on the National tool area.�

Sworn in:� William Zeus, Jr., president of National Tool and Manufacturing Company; employed since 1963.� He is under contract to sell part of his property to Mr. LaTorre.

National tool is being shut down, all the equipment is sold, and only five employees remain.� Less than six vehicles and two trucks enter his property.� He has no plans at this time to resume manufacturing.� The Board complimented National Tool on being an asset to our community.�

The Planning Board Engineer stated the potential of re-paving may necessitate an underground retention system.� If the building is not taken down, there will be an increase of an existing, non-conforming issue regarding the lack of necessary parking spaces.� The majority of parking is across a street on a separate block.� This lot could be sold separately (and increase the parking problem).� The plans do not show a parking schedule for the LaTorre construction building and what is required for the office/warehouse.� There is no �breakdown� of parking spaces.� The engineer who prepared the site plan in 1991 for the LaTorre building responded to this.� Part of that plan had a parking schedule.� The building has a floor area of 59, 028 sq. ft, which generates a need for twelve spaces.� He testified the LaTorre building has no parking problems.� The Planning Board engineer asked the applicant�s architect to specify a breakdown of the office and warehouse parking spacs.� He agreed to do this on the plans.� If the building becomes industrialized, there will be sufficient area to provide parking, and the drainage can be addressed.

Mr. Beninati asked Mr. Fraser to place this into the Resolution: �If the future plans for this property and warehouse are re-vitalized, the owner must come before the Planning Board for approval�.�

The meeting was open to the public (anyone living within 200� of the property).� Ms. Gilrain lives to the left of National Tool and near Apples Tavern. She stated:

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�Blue Blade industries could not expand because parking was not sufficient.� She said the tavern does not have enough parking area, and is concerned that this new sub-division may not provide ample parking (and be a hardship on the area residents).

�Ms Lang, a nearby resident, asked about the town noise ordinance.� She said the Construction trucks start up (5 a.m.) two hours before legal start-up time (7 a.m.) with the back up �beep� of trucks.� National Tools� traffic was light.� If LaTorre Construction takes over more land, the noise level will increase.� She asked if that lot is used other than employee parking, could this be reported. The response was affirmative.

Mr. Grimaldi, a nearby resident, stated there was more than �light equipment� entering this Construction area.� There are cement trucks and other heavy equipment.� There is no screening, and the trucks run their engines all night.� The drainage is causing a problem.� The oil and debris runs into Borough �catch basins�.� A fifty-three foot truck cannot turn around in this area.�

Mr. Don Fraser stated these conditions for future utilization prevail in approval of this Resolution: The area is used for parking only, not for storage of equipment.

The applicant said he wants no restriction of parking use.� The Board may deny the Application if the owner does not agree to restrictions.� Mr. LaTorre agreed that no vehicle larger than 13 tons would be allowed onto this property.

Mr. Vitale made a motion to accept this application into Resolution, 2^nd by Mr. Soos.� All in favor: Mr. Vitale, Mr. Soos, Mr. Beninati, Mr. Clementi, Mr. DeLuca, Jr., and��������� Mr. Candarella.� Opposed: Mr. Schultz and Mr. Michitsch.� Recused: Mr. Russo

Mr. Fraser was asked to e-mail a proposal for Bulk requirements for 2-family houses to the members.� It was suggested there be no duplex houses on a lot less that 100� lots.� A review will be made at a workshop.�

Mr. Clementi said he and Mr. DeLuca had the pleasure of serving on the Planning Board. They will not be a part of the 2006 membership, since they are now Councilmen.

�The Board members voiced their approval of the Chairman and Alternate; stating they excelled in performance of their duties.

The meeting adjourned at 9:45 p.m.

Respectfully submitted,

Janet M. Murphy, Planning Board Recording Secretary