Planning Board Minutes

June 22, 2006

The meeting began with an affirmation of the Open Public Meetings Act requirements and the Pledge of Allegiance.� The Minutes from May 25, 2006 were approved.� Approval was given to pay the Recording Secretary and the Board attorney.

Roll Call:� Present:� Mr. Cirillo, Mr. Michitsch, Mr. Beninati, Mr. David, Mr. Soos, Mr. Peters, Mr. Corcione, Mr. O�Malley, Mr. Schileke, and Mr. Russo.� Absent:� Mr. Candarella, Mr. Pantina, and Mr. Laudati

Communications:� Mr. Beninati read a letter from Rizzo Builders, regarding a second request to adjust an error on a Resolution (from November, 2005).� They also requested the release of money held in escrow.� Mr. Beninati approved the escrow refund, and he will give the necessary information again to the Board attorney regarding the corrections to Resolution #20-05 and #05-03 (Rizzo, RE: 216 and 210 N. 21^st Street).

Resolutions:� Application #06-06A, Corcione, 140 N. 24^th Street, Block 48, Lot 12, a front setback variance for a front porch and portico.� A motion to accept this Resolution was made by Mr. Peters, 2^nd by Mr. Michitsch.� All in favor:� Mr. Soos, Mr. Peters, Mr. O�Malley, Mr. Michitsch, Mr. Schielke, and Mr. Russo.

New Business: ��Application # 300, Brahmatt/ Neri, RE: 131 So. 31^st Street, Block 179, Lots 4 & 5. Change of Use, request for a Restaurant in an Industrial zone.� Mr. Fraser, Board Attorney, said the attorney for Mr. Neri (Mr. Butler) had called and requested this application be carried until the July 27, 2006 meeting.� He said that Public notice had been published in the Newspaper and had been sent to neighbors in the surrounding area.� The Board voted that re-notification would be necessary for the re-scheduled July 27, 2006 hearing.

Application #24-06, JWJ Developers, 209 N. 20^th Street, Block 42, Lot 3.01, a variance for the rear setback to construct basement steps.� Mr. Thomas Dooley is the attorney for this applicant.� He said his client is requesting a rear yard variance. The Building Inspector had initially approved the permit, but instructed the client he may need a (C-2) variance to continue.�

Sworn in:� Wayne Furze, Contractor.� He stated the expense to remove the Bilco door and staircase would amount to about $7,000.� A neighboring house (with the same lot size) has a similar scenario.� His client was issued a �stop work order�.� The steps extend out about 8�, which is further out than the Bilco door.� They protrude into the 20� setback (RE: 14� 10�).� Mr. Beninati noted there are a number of extenuating circumstances, since the initial permit was not denied.�

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Sworn in:� Walter Bornanski, Owner of the house.� The construction officials initially made an error, and it would now be a considerable expense to tear out the door and steps.�

Sworn in:� Mr. Ed Dec, engineer and part of the design team.� He stated two years ago the lot in question was sub-divided.� The building setback was to the wall.� Mr. Peters suggested, if the door would be under the steps, there would not have been necessary to appear before the Planning Board.� He suggested the Board grant the variance and uphold the Building Inspectors initial judgment.� Mr. Soos 2^nd the motion.� All in favor:� Mr. David, Mr. Soos, Mr. Peters, Mr. O�Malley, Mr. Corcione, Mr. Beninati, Mr. Cirillo, and Mr. Schielke.� Opposed:� Mr. Michitsch.

Application #17-06, Parente, 211 North 11^th Street, Block 48, Lot 12, a setback variance to build an outside staircase to the basement.� Sworn in:� Mr. Parente.�� He stated:� entering and exiting the basement is presently made from the exterior of the house.� He would like to add a wall to allow interior entry to the basement.� There is an existing 8�foundation that extends from the house. A deck is on this foundation. The �L� shaped house was built in 1950.� There are pre-existing, non-conforming, insufficient side and rear yard setbacks.� The deck will be removed and will decrease the present non-conformance.� The discussion was open to the public.� Sworn in:� Ms. T. and A. �Bilski, neighbors residing at 26 N. 11^th Street.� They presented pictures (B#1-5) that showed there would not be a 5� side setback even after the deck is removed.� The lot size is small.� They were shown the plans, and objected to this proposal.� A motion to accept this Application to Resolution was made by Mr. Soos, 2^nd by Mr. Schielke.� All in favor:� Mr. David, Mr. Soos, Mr. Peters, Mr. Corcione, Mr. Beninati, and Mr. Schielke.� Opposed:� Mr. O�Malley, Mr. Michitsch, and Mr. Cirillo. �Mr. Fraser noted Board procedure:� Anyone can appeal the Board decision within forty-five days after publication of the Resolution.

Application #18-06, Masucci, 300 Lincoln Drive, Block 98, Lot 22, a variance for an addition and front steps.� Sworn in:� Nick Masucci, Owner.� He wants to remove the wall in front of his house and replace it with Brownstone and Stucco.� The present wall protrudes 19� into the front setback.� A bow-window will increase this protrusion by about 3�.� A motion to approve this Application to Resolution was made by Mr. Peters, 2^nd by Mr. Corcione.� All in favor:� Mr. Soos, Mr. Peters, Mr. O�Malley, Mr.

Corcione, Mr. Beninati, Mr. Michitsch, Mr. Cirillo, Mr. Schielke, and Mr. Russo.

Mr. Beninati will send a copy of this approval to the Building inspector.

Application #19-06, Esposito, 9 Via Vitale, Block 4, Lot 6, a variance for a side yard Air Conditioner.� Sworn in:� Ms. Elizabeth Esposito, Owner.� She stated the Air Conditioner could not be placed in the rear, since there is presently a deck located there.� She plans to place a 4� picket fence at the edge of the house and include shrubs.� The cyclone fence was removed.� The Air Conditioner is on the garage side of the house.� A motion was made to approve this to Resolution, and Mr. Beninati will send a letter to the Building Inspector to approve the permit.

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�A motion to approve this Application to Resolution (with fence and shrubs) was made by Mr. Peters, 2^nd by Mr. Corcione.� All in favor:� Mr. David, Mr. Soos, Mr. Peters, Mr. O�Malley, Mr. Corcione, Mr. Beninati, Mr. Michitsch, Mr. Cirillo, and Mr. Schielke.

Application #21-06, Ribiero, 727 Richfield Avenue, Block 132, Lot 16.02, a variance for a front yard setback for an addition.� Sworn in:� Mr. Ribiero, Owner.� There is presently a non-conforming setback (24.83�).� One of the two sheds will be removed.� The height of the house will be 25�6�.� A motion to approve this Application to Resolution was made by Mr. Beninati, 2^nd by Mr. Michitsch.� All in favor:� Mr. David, Mr. Peters, Mr. O�Malley, Mr. Corcione, Mr. Beninati, Mr. Michitsch, Mr. Cirillo, and Mr. Schielke.� Opposed:� Mr. Soos.

Application #22-06, Ferrante, 633 Kingston Avenue, Block 121, Lot 22,� a variance to replace the porch on the side of the house.� Sworn in:� Mr. & Mrs. Ferrante, Owners.� They stated the old porch is presently 2� into the neighbors� property. A fence will be constructed on the property line, the present porch will be removed, and the new porch will extend to the fence.� There is only a front entrance to the house, and this will create a side entrance.� A motion to accept this Application to Resolution was made by Mr. Michitsch, 2^nd by Mr. Peters.� All in favor:� Mr. David, Mr. Peters, Mr. O�Malley, Mr. Corcione, Mr. Beninati, Mr. Michitsch, Mr. Cirillo, and Mr. Schielke.� Mr. Soos was recused.

Application # 23-06, Lardiere, 617 Richfield Avenue, Block 150, Lot 3, a variance for an addition with a pre-existing, non-conforming side setback.� Sworn in: Mr. and Mrs. Lardiere, Owners.� They said the side yard setback is presently 4.9� from the house.� The addition will not add to this non-conformity.� Sworn in:� Mr. J. Niagra, Architect.� He said the removal of the garage will eliminate an additional existing side and rear yard non-conforming setback.� The garage will be attached to the house.� A deck will be within the 20� setback.� A motion to accept this Application to Resolution was made by Mr. Soos, 2^nd by Mr. Corcione.� All in favor:� Mr. David, Mr. Soos, Mr. Peters, Mr. O�Malley, Mr. Corcione, Mr. Beninati, Mr. Michitsch, Mr. Cirillo, and Mr. Schielke.

Other Business:� Flood Water Prevention Ordinance: The Board voted on the Resolution for the Flood Water Prevention Ordinance recommended to the Mayor and Council.� A motion to approve this proposal was made by Mr. Michitsch, 2^nd by Mr. Beninati.� All in favor:� Mr. Peters, Mr. O�Malley, Mr. Corcione, Mr. Beninati, Mr. Michitsch, and Mr. Cirillo.

Town parking lot behind the Senior Citizen Center:� Some of the property belongs to the various businesses.

Home-Office in an R-2 zone:� RE:� Dr. Forman owned a corner house on the Boulevard, previously his Dental office and home.� He sold the building, and there may be a change-of-use.� Therefore, any change may require permission from the Board, if not used as a medical office.� In addition, if the original building use was �abandoned� for at least a year, any use (other than R-2) would need Planning Board approval.�

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Duplex Housing:� Mr. Cirillo approached the question of when the Council will confirm the ban on Duplex housing in the Borough.� Mr. David responded:� the first reading took place at the last Council meeting, and the second reading will take place in July.

There will be no work sessions until September.

The meeting was adjourned at 9:35 p.m.�

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary