Borough of Kenilworth

Planning Board Minutes

December 13, 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 November 15, 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. Corcione, and Mr.

O�Malley, Mr. Schielke, Mr. Dick, and Mr. Mancino.� Mr. David arrived later. Absent: Mr. Peters, Mr. DeLuca, Mr. Soos, Mr. Pantina and Mr. Mancino.�

Communications:� Mr. Beninati received correspondence from Mr. Bob Herbert, requesting a time extension for a variance approval from two years ago.� The Board Attorney informed Mr. Beninati that variance approvals do not need time extensions.� Mr. Lane suggested any time restrictions be stated in any future resolutions.�

Another letter was received from Mr. Joseph Neri, regarding the site plan application for his Motor Vehicle Repair facility. Notice to adjoining neighbors need to be sent out, prior to a hearing.

Resolutions:� �Application #18-07, Gino Oliva, 152 So. 23^rd Street, Block 137, Lot 1, a side yard and front yard variance for an addition on a corner lot.� Mr. Michitsch made a motion to approve this resolution, 2^nd by Mr. Schielke.� All in favor:� Mr. Corcione, Mr. O�Malley,, Mr. Schielke, Mr. Dick, Mr. Beninati, Mr. Michitsch, and Mr. Cirillo.

Storm water Management Plan:� Mr. Beninati said all members received a copy of the amendment to the Storm Water Management Plan that was prepared by Mr. Swayze, PMK group. �The Plan should be voted on, as a state requirement to comply with DEP regulations or be subject to a fine.� Mr. Mancino suggested the vote on this Plan be held off (until the engineer is present). Mr. Lane said a revision can be made after approval.� Mr. Cirillo called for a vote on the Storm Water Management Plan. �A motion to approve the Amended Plan was made by Mr. Beninati, 2^nd by Mr. Dick.� All in favor:� Mr. Corcione, Mr. Dick, Mr. Beninati, and Mr. Cirillo.� Opposed:� Mr. O�Malley and Mr. Mancino. �Abstained:� Mr. Schielke and Mr. Michitsch. �

New Business:� Application #19-07, Petschow, 25 North 20^th Street, Block 81, Lot 7, a garage variance.� Mr. Michitsch presided over this section of the meeting, as Mr. Cirillo was recused.� Sworn in:� Ms. Lynn Petschow, owner.� A previous resolution was granted to rebuild her house, after a fire destroyed the original home. According to the terms of that resolution, her house had to be moved back further than the initial plan. �However, this didn�t allow enough land area for a garage.

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�The new application is a request to not be required to build a garage.� This is variance is necessary to receive a C.O. (certificate of occupancy).� She will have off-street parking, and will provide parking on the driveway side and the paved back of the building (which can accommodate four cars).� Mr. Lane said the (4) required parking spaces would be met for the 2-family house.� A suggestion of a stipulation to a resolution was: (since this is a residential house) marked spaces would not be necessary, and side yard parking will not be allowed.� A motion to approve this resolution (with this stipulation) was made by Mr. Beninati, 2^nd by Mr. Dick.� All in favor:� Mr. Corcione, Mr. O�Malley, Mr. Schielke, Mr. Dick, Mr. Mancino, Mr. Beninati, and Mr. Michitsch.� The drawings must be updated to show the side steps and the rear parking areas.

Mr. Cirillo returned as chairman.� Mr. Lane explained a Site Plan application has a time expiration, but the present ordinance does not have a time restraint for a variance application.� Mr. Lane suggested all resolutions state a time restraint, and he also suggested the Board recommend to the Council this time period be included in the Ordinance.

Comments for the Good of the Board

Toni Sosnosky asked for more information on the Storm Water Management Plan.� She wanted to know why the Plan was not approved, if amendments could be made at a future meeting.� Mr. O�Brien, town planner, said the DEP requires these updated regulations.� In a letter, the PMK Group said the Plan should be approved by the end of 2007.� However, in a recent e-mail from Mr. Swayze, he indicated a vote is necessary, but a December vote may not be an issue.� Mr. Mancino said the Master Plan was approved, and the storm water management plan is an amendment to that plan.�� Mr. Swayze will be asked to attend the next regular (January 24, 2008) meeting to review this Plan with the Board.

The Mayor, and the members whose service time will expire this month, praised the efforts of the Board this year.� They wish their successors well in the coming year.

Adjournment:� The meeting adjourned at 8:15 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary