Borough of Kenilworth

Planning Board Minutes

September 27, 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, was 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 August 23, 2007 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. DeLuca, Mr. Soos, Mr. O�Malley, Mr. Corcione, Mr. Pantina, Mr. Schielke, Mr. Dick, and Mr. Mancino.� Absent:� Mr. Peters

Communications:� Mr. Beninati said there were no communications.

Resolutions:� Application #289-1 (revised), Union Baptist Church, 350 Sheridan Avenue, Block 10, Lot 5, a variance for an addition on a pre-existing, non-conforming front.� Upon the suggestion of Mr. Lane, who has a �revised lease�, this resolution was deferred to the end of the meeting so that the applicant and Brent Materials can agree on the terms of the lease.

Other Business: �An Ordinance concerning Lot Coverage was drafted to prevent future flooding.� Mr. Michitsch and a committee asked Mr. Lane to draft this proposal:� that Lot Coverage (impervious surface) should not exceed 55% of the total lot area.� The draft will go before Mayor and Council.� Mr. Lane said side yards are also covered in this proposal.�

Side yards should be at least 5� in R-2 and R-3 zones and 8� in R-1 zones, but no less than 10% of the overall width. (For example:� a 100� x 100� lot would have a 10� side yard).

�Corner lots require a 15� side yard setback.� This is not changed from the original zone requirements.�

Any pre-existing, non-conforming structures will not be affected.� This Ordinance will apply to future coverage.� Other towns require even less impervious surface coverage.

� Mr. Mancino said some houses are getting flooded because their neighbors have too much impervious surface.� Mr. Dick believes the front yards that have very wide driveways are an abuse to the flooding problems.� Mr. DeLuca said installation of �Dry Wells� could be required in new housing; although this is expensive, but cost-effective measure.

Mr. Lane said presently, there are no controls.� With the new proposal, if an applicant comes before the board requesting an increase of impervious surface beyond 55%, the Board may grant it on the condition of installation of a Dry Well as a �condition of Resolution.�

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Mr. David said further defined restrictions should be applied to front yards.� Paving and paver blocks in the front yard should be restricted.� Presently, permits are not required to pave a driveway and he would want this changed to make permits required.� Mr. Lane said presently code (197-26) states:� a 12� driveway is allowed for a single car garage (18� with allowance for off-street parking) and 24� driveway is allowed for a double car garage. Mr. Lane said this Draft Ordinance would restrict the use of paver blocks.

��The Mayor and Council could discuss these issues and make revisions and suggestions to the Planning Board. Mr. David suggested a percentage for front setback restrictions be added to the present proposal.� Mr. Lane said his secretary can add onto (code 197:10C):� With no greater than (possibly 20%) of the front yard setback be impervious surface. Mr. David believes 20% for the frontage is insufficient.� Mr. Pantina said the walkway must also be considered.� Mr. Mancino said the front setback should allow only a driveway (and a walkway), and nothing else.�

Mr. Beninati made a motion to approve the Draft Ordinance restricting impervious surface sent to Mayor and Council, 2^nd by Mr. Michitsch.� All in favor:� Mr. Soos, Mr. Corcione, Mr. O�Malley, Mr. Pantina, Mr. DeLuca, Mr. David, Mr. Beninati, Mr. Michitsch, and Mr. Cirillo.

Discussion on the Master Plan:� Mr. Beninati said the Master Plan must be revised and reviewed by December, 2008.� Although the Master Plan was continued, no revisions have been made since 1997.� �Mr. David said this process will take a few months and will require the help of professionals.� He urged the Board to request additional funds for this endeavor to cover future Borough changes. He suggested Mr. O�Brien offer an estimated amount.� Mr. Beninati will discuss this matter with Mr. O�Brien.

� Mr. David said the request for funds for extra services for the Building Department and revision of the Master Plan and Zoning Codes will be deferred to the next budget.� Mr. Soos said priorities must be set for the request of money.� He said the Code Book modification should be the priority.� Mr. Mancino recommended a �Capitol Project� approach to funding the revision of the Master Plan.�

Resolution:� Application #289-1 (revised), Union Baptist Church, 350 Sheridan Avenue, Block 10, Lot 5, a variance for an addition on a pre-existing, non-conforming front.� Mr. Lane said the Board must pass this Resolution within the next fifteen days, (45 days from the date of approval).� Mr. David said the Mayor and Council should have been approached with the terms of the lease on this resolution (regarding the �paper street� part of 13^th street).� Mr. Lane said this could be added as a �Condition of Resolution�: �The Lease is subject to the approval of the Council�.� Mr. Lane will add this clause to the present Resolution for Application #289-1.� Mr. Soos proposed this lease be divided into two separate leases, one for the Baptist Church and one for Brent Materials.� Mr. Lane suggested the Resolution be passed at this meeting, with the terms of the lease (condition #15) subject to the approval and action of the Borough Council.

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A motion to approve the Resolution was made by Mr. Beninati, 2^nd by Mr. Mancino.� All in favor:� Mr. Corcione, Mr. O�Malley, Mr. Schielke, Mr. Dick, Mr. Mancino, Mr. Beninati, Mr. Michitsch, and Mr. Cirillo.

The meeting adjourned at 8:40 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary