Borough of Kenilworth

Planning Board Minutes

June 28, 2007

The meeting began with an affirmation of the Open Public Meetings Act requirements: The schedule of meetings is on file in the Borough Clerks office, and has been posted on the bulletin board, and has been mailed to the Cranford Chronicle, the Kenilworth Leader, and the Star Ledger.� All present recited the Pledge of Allegiance.� The Minutes from May 24, 2007 were approved. A request was made that the Recording Secretary include the information regarding the schedule of meetings (as above) in all future minutes. Approval was given to pay the Recording Secretary and the Board Attorney.

Roll Call:� Present:� Mr. Cirillo, Mr. David, Mr. Michitsch, Mr. Beninati, Mr. O�Malley, Mr. Schielke, Mr. Dick, and Mr. Mancino.� Absent:� Mr. Deluca, Mr. Peters, Mr. Soos, Mr. Corcione, and Mr. Pantina.

Resolutions:� Application #7-07, Faccini, 346 Oakwood Avenue, Block 169, Lot 14, a variance for a 2^nd Floor dormer, not adding to the pre-existing non-conformity.� A motion was made by Mr. Michitsch to approve the application to Resolution, 2^nd by Mr. Schielke.� All in favor:� Mr. David, Mr. Michitsch, Mr. Beninati, Mr. / O�Malley, Mr. Schielke, Mr. Dick, and Mr. Cirillo.

Old Business:� Application #3-07, Pugliese, 109 N. 19^th Street, Block 52, Lot 5.� A variance for a rear-yard setback for an elevator.

Sworn in:� Mr. Anthony Pugliese, son of Tomasso Pugliese.� This is an extension of a prior meeting.� He said the (5� x 4�) motor room can be positioned on the first or second floor, but not the 4� x 5� elevator.� A prior approval was granted a few years ago. The applicants� engineer and architect stated that installing the Elevator in the original addition would not be feasible.� Mr. Mancino recommended the elevator just go to the second floor, and with the stipulation that it be removed when the applicant (Tomasso) no longer needs an elevator. A rear yard variance is necessary, as a 20� setback is required, and a 15.1� setback is requested, which will add to the existing, non-conforming lot.� The impervious surface will not change.� A vote was taken to approve the application. �Mr. Cirillo requested this application be voted on, with the restriction the elevator be removed within six months after Tomasso Pugliese ceases to occupy this house as his primary residence. With this restriction, a motion was made by Mr. O�Malley to approve the application, 2^nd by Mr. Schielke.� All in favor:� Mr. David, Mr. Michitsch, Mr. O�Malley, Mr. Schielke, Mr. Beninati, and Mr. Cirillo.� In favor of the application, but opposed to the restriction:� Mr. Dick.�

New Business:� Application #10-07, Cheema, 742 Vernon Avenue, Block 157, Lot 14, Variance for an addition to a present non-conforming (19�) front setback.� Sworn in:� Mr. Cheema.� He wants to expand on one side.� The garage will be extended to become 17� wide.� The meeting was open to any public comments.� Sworn in:� Mr. Coraggio, who wanted to view the plans.

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�Sworn in:� Mr. Eggers, a neighbor who lives on Union Avenue, near the applicant.� He asked how much impervious coverage will be added.� He requested the water run-off storm drains, the leaders and gutters, be funneled to Vernon Avenue (the front of the property), not to Union Avenue.� It was suggested this be a stipulation to this application.� ��

Sworn in:� Cesar Mano, 745 Union Avenue, asked how many months construction would involve.� Mr. Cheema replied: about one month.�

Mr. Dick made a motion was made to approve this application, with the above-mentioned stipulation (that all water run-off be directed to the front of the house), 2^nd by Mr. Michitsch.� All in favor:� Mr. David, Mr. Michitsch, Mr. O�Malley, Mr. Schielke, Mr. Dick, Mr. Beninati, and Mr. Cirillo.�

Application #7-02 & #11-07, Vitale Family Trust, RE: 407 No. 14^th Street, Block 5, Lots 10 & 11.� Variance and sub-division.� Mr. Cirillo was recused, and Mr. Michitsch became the acting chairman for this application.� Sworn in:� Mr. Tom Vitale, representative of the Vitale trust.� He stated the property consists of two 50� x 100� lots.� Currently, there is a house on a corner lot, facing Lafayette Avenue.� It has several non-conformities.� The frontage of both lots is on North 14^th Street.� He wants to re-align the sub-division.� A new home will conform to property codes.� The driveways will go onto Lafayette Street.� The existing corner house will remain and face Lafayette and the garage will be under the house.� Mr. David suggested the houses face 14^th Street, as the frontages would line up with other area houses. A driveway easement would be necessary, for both properties to access the rear garages.� Mr. Mancino made a motion to approve the application, 2^nd by Mr. Dick (with this condition of approval: the applicant will arrange for a deed easement, granting three feet from the interior lot to the corner lot to access to the rear for the purpose of off-street parking).� Mr. Vitale suggested that he will prepare the sub-division deeds and will have his engineer draw up a description for the easement and will submit this to Mr. Lane as part of the sub-division deeds, (this will reflect the driveway usage).� All in favor:� Mr. Michitsch, Mr. O�Malley, Mr. Schielke, Mr. Dick, Mr. Mancino, and Mr. Beninati.� Opposed:� Mr. David

Application #12-07, Santana, 622 Kingston Avenue, Block 120, Lots 14 & 15.� Variance for an addition and garage, rebuilding after a fire.� Sworn in:� Mr. Santana.� He wants to add a family room and a garage.� He requests a rear setback of 24�, and a front setback of 20.9�, (with the two foot cantilever and overhead).� The side yard is 4.5�.� Mr. Michitsch and Mr. David suggested the applicant stay with the existing fa�ade, keeping the cantilever, but leaving the setback at 24�9�.� He could modify the plans to the garage to reflect no increase to the non-conformity of the front yard, and show that each exterior fa�ade will be uniform.� The cantilever and overhang will remain. �Mr. Beninati said the new modifications must be made prior to the vote on the Resolution.� Mr. Schielke made a motion to approve this application with the above-stated restriction, 2^nd by Mr. Dick.� All in favor:� Mr. David, Mr. Michitsch, Mr. O�Malley, Mr. Schielke, Mr. Dick, Mr. Mancino, Mr. Beninati, and Mr. Cirillo.�

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Application #5-07, Our Little World, Korean/Methodist Church, 457 Boulevard, Block 112, Lot 13.� Use Variance for a day care center in a church hall.�

Mr. Joseph Paparo, Attorney for the United Methodist Church, stated the applicant is requesting a Use Variance in an R-2 zone.�

A report by Mr. O�Brien, town planner, is in agreement that just a few architectural modifications are necessary.� The Center just intends to use the lower level of the church.� He also stated that the Supreme Court of New Jersey has identified day care centers as inherently beneficial uses.

Sworn in:� Ms. Marie Cantillo, tenant and operator.� She said the program would be running from 7 a.m. to 6 p.m. for 2 � year old toddlers to eighth grade children.� The State reviewed all safety measures, including soil, water testing, etc. She has the review, marked Exhibit A-1. �There are twenty-one parking spaces on the property.� There is one head teacher for every ten children (3 teachers).� Harding school children could benefit from after-school care.� A designated outdoor play area has an enclosed fence, which will have no permanent structures.� There is a keypad security system and a representative at the front.� As a condition of approval, any damaged fences on the property would be repaired.� Some lights would be added to aid the parents in the parking area.� The Parsonage is occupied by the pastor.

� Lt. Grady, of the Kenilworth Police Department, has reviewed the Application and the site, and issued a report. �This report has been distributed to the members and to the Applicant.� The report indicates the concerns about the impact that the additional Day Care Center traffic (and parking) would have in this area.� Lt. Grady also expressed some safety concerns about the site, which should be addressed.�

An issue involving parking spaces for an emergency vehicle and another issue concerning one-way traffic was mentioned.� Mr. Paparo said a fence that blocks through traffic from 17^th Street to 18^th Street could possibly be removed, to facilitate parking and leaving.�

Mr. Mancino is concerned with the parking situation on the street.� Mr. O�Malley said exit traffic is a major problem in that area.

Ms. Cantillo will comply with any insurance needs, and will comply with all fire codes.� She will agree to not exceed thirty children, as a condition of approval.�

Sworn in:� Geraldine Poranski, Chairperson of the Buildings and Grounds.� She said the garage at the Parsonage is not used.� The reason for a fence in the parking lot between 17^th and 18^th streets is there so that the public does not make their lot a shortcut from one street to another.� The church approves of a Day Care center.�

Sworn in:� Kevin O�Brien, Board Planner.� ��He commented about his report and on the issues of parking and traffic. The State Licensing Report gives a necessary guideline.� The Board must decide if there will be no negative impact on the Borough and surrounding properties.� In terms of site improvements, he suggested the removal of the lot fence (and to provide a narrowing of the driveway to slow down �cut through� traffic). He also suggested speed bumps.� He provided photo exhibits around the area.

The meeting was opened to the public comments

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�Sworn in:� Mr. Falcetano, Mr. Panchyshyn, and Ms. Neuhauser, neighbors.�

They are concerned about the additional traffic and noise that would be added to the area.�

Mr. Paparo did not request a postponement.� His client is willing to include in the plans any traffic regulatory in the lot, such as those suggested by Mr. O�Brien.� Mr. Michitsch said the Board must be mindful of the local residents� concerns.

Mr. Michitsch made motion to deny this Use Variance, 2^nd by Mr. Mancino.� All in favor of denial:� Mr. Michitsch, Mr. O�Malley, Mr. Beninati, and Mr. Mancino.� Opposed to Denial:� Mr. Schielke, Mr. Dick and Mr. Cirillo.� This application is denied.

Other Business:�

Mr. Beninati reported that the Borough Council had introduced Ordinance #2007-08 to amend and supplement Chapter 163 �Site Plan Review� regarding Escrow Deposits.� The Board must review and recommend approval to the Borough Council.

Mr. Beninati made this motion, 2^nd by Mr. Dick.� All in favor:� Mr. Michitsch,

Mr. Beninati, Mr. O�Malley, Mr. Schielke, Mr. Dick, and Mr. Cirillo.

�Mr. Mancino was opposed to this proposal.

Mr. Lane will officially notify the Borough Council of the Boards� action.

A motion was made to adjourn at 9:55 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary