Planning Board

Borough of Kenilworth

March 25, 2010

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 Board approved the March 4, 2010 minutes.� Approval was given to pay the Recording Secretary.

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Roll Call:� Present: Mr. Lepore, Mr. Picerno, Mr. Herbert, Ms. Bogus, Mr. Sica, Mr. Pugliese, Mr. Candarella, Mr. Cuppari, and Mr. Cammarota.

Absent:� Mr. Pantina, Mr. Manee, and Mr. Murphy

Communications:� Ms. Bogus had no communications to report.

Review of Application #313, Harding/Brearly schools Board of Education

426 Boulevard, Block 54, Lots 1 & 12.� Site Plan at Boulevard to construct 2 one-way driveways for child drop off and pick up

Mr. Lepore was recused, and Mr. Picerno replaced him for this review.

Mr. Gornella represented the Kenilworth board of education.� Last year, internal renovations were made; this was part of the 3-year improvements operation, utilizing the 2008 Bond referendum.� This year, Harding school parking will be addressed, specifically designating drop-off areas.� Presently, there are only 157 parking spaces, most of which are used by school employees.� In 2011, the Brearly parking lot will be addressed.�

Ms.� Kelly Glasko is the architect, and Kevin Smith, the engineer.�

Mr. Smith showed the site plan of Harding School and the parking lot.� The proposal is to add a drop-off area along the Boulevard; this will involve two curb cuts for a one-way flow.� The Boulevard is a county road, and the county reviewed the plans.� With minor changes, the plans will comply with county requirements.�� In the rear of the building, a sidewalk will go around the perimeter of the parking lot.� The Brearly parking lot will be re-surfaced.�

Mr. Gornella said the Board had guidance from the police chief, concerning safety issues.�

Visitors to the school must use the front entrance, not the rear.� Mr. Candarella asked about the number of cars that could fit in the drop off area and the actual child drop off location.� Mr. Gornella said there will be two lanes (a wide driveway), and drop off will be by the gym.� Mr. Picerno was concerned about illegal left-turns into the entryway of the driveway.� Mr. Gornella said, crossing the double yellow roadway line is not allowed, and sineage may be utilized indicating �no left turn�.� Only a right turn into the driveway, and a right turn out of the driveway will be allowed. Mr. Sica suggested a �no left turn� sign be secured by the traffic light.�� Mr. Herbert asked where the new area will begin and end.� It will extend from the Boulevard to the gym, and exit 200� from the corner.� The 20� wide driveway will have room for pulling around parked cars.

Children may be dropped off only on the right side.

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�Mr. Herbert suggested speed bumps.� Mr. Smith said that parents usually are careful.� Mr. Sica said there is an aide to assist younger children into the building.� Mr. Herbert asked if any additional drainage would be added because of the increased impervious surface.� There will be no overnite school bus parking in this driveway.� Mr. Picerno asked if there were any questions and opened the meeting to the public.�

Mr. Gornella will refer the Boards� suggestions to Chief Dowd.�

New Business:� Application #1-01, Ben Ed Building Corp., RE: 158 N. th St., Block 62, Lot 3, a variance for Apartments in the Industrial zone on the 2^nd floor of an Office/Industrial building.

Ms. Bogus, Mr. Candarella, and Mr. Cammarota were recused.� Mr. Cuppari will sit in to vote on this application.�

Mr. Nelson Wolf represented the Ben Ed Corporation.� He said his client is proposing 2 two-bedroom apartments, and 2 one-bedroom apartments at this address.�

Sworn in: Mr. Peter Palmadesso.� He testified there is one store in front (Supplys-Supplys) and two in the rear of his building on the first floor.� He wants to raise and install a new roof to accommodate the new apartments.� He said it is a problem to rent the present office spaces on the 2^nd floor.� Mr. Wolf said Commercial use is permitted in an Industrial zone.� Other areas on Washington Avenue were zoned Industrial at one time.� The area now is �mixed use�.� Mr. Herbert said there is residential use from the Boulevard to the rear of the property.� Landscaping trucks are parked in the rear of the building, and the driveway is 40� wide.� Mr. Wolf said �Buffys� has apartments over the bar.� Mr. Herbert asked if Mr. Palmadesso would agree to not expand the industrial/commercial use on the first floor, as a condition of approval.� Mr. Pacerno asked if the present store (Supplys-Supplys) would move out, would Mr. Palmadesso create an Industrial use on the first floor.� To prevent this, would the applicant agree to not allow industrial use as a �condition of approval�.�� Mr. Palmadesso said he did not think the present store will not move out.� The Board Attorney said any �change of use� must come before the Board.��� Mr. Pugliese said the property could become Commercial, Industrial, and Residential; this would be a problem.� There are trucks parked on the property, a store, and now proposed apartments.� Mr. Wolf asked Mr. Palmadesso if he is willing to forefeit the Industrial Use of the building.� Mr. Wolf read the uses allowed in an Industrial zone.� Mr. Palmadesso said the building is presently set up for Commercial use, although it is listed as being in an Industrial zone.� The Board Attorney said, as a condition of approval, Mr. Palmadesso could relinquish the right of Industrial Use.� The Board does not have the power to change the zone.� Mr. Wolf asked Mr. Palmadesso again: would he relinquish the right to the Industrial use as long as apartments exist on the second floor.� Mr. Palmadesso said the present store has a ten year lease.� Mr. Sica said the Board is reluctant to pass this application if there are three uses in place.�

Mr. Picerno said the Board must be careful as to how this variance is worded, if granted.� Mr. Palmadesso could be granted a residential use on the 2^nd floor, if he agreed to forefeit the Industrial use.� The Board Attorney said it is a �mixed use��if the apartments are still in place, an industrial use may not be allowed.

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�Mr. Sica said the property could still be used for parking trucks, but the building only would be affected.� If the apartment use is �abandoned�, the variance for residential would also be forefeited.�

Sworn in: Mr. D�Agustino, a Real Estate Broker.� He showed the Board pictures of the residential uses in the area of the applicants� building.� He said the site is suitable for the proposed use, subject to the condition that the Industrial use would not be permitted on the property.�

Mr. Tripodi said this could be a �condition of approval�, and subject to the town engineers� conditions.� He said a site plan should have been reviewed prior to coming before the Board.� He said one parking space per unit would be required.

The meeting was opened to the public.

Sworn in: Ms. Gail Snyder, resident. She is a 2 family home owner.� She works in the area of 15 N. 8^th Street, and is aware of the physical size of the building.� She asked how four apartments (18 rooms) could be constructed on the second floor; it is a small space for so many rooms.� She said in this commercial area, trucks are in the back yard.� The apartments above Buffys are not in an industrial zone.� She is concerned about the safety of the renters.�

Mr. Herbert said across from Buffys is an industrial -looking building that is used as apartment units.� It is a truck route, and the area is a� mixed use.� Mr. Picerno told Ms. Snyder that Mr. Palmadesso would be required to pass all necessary building and fire inspections for permits.� Ms. Snyder is concerned about the renters� quality of life; trucks running through the lot may be hazardous.� Mr. Herbert said the trucks rarely are in use on Saturdays and Sundays, when the residents are home.�

Mr. Tripodi said (19) designated parking spaces should be shown on the plan.

In addition, the following are �conditions of approval�:

1. Hazardous materials and Industrial zone (as referenced in the code book) uses would be restricted as long as the residents live in the building.
2. �The Board engineer must review and approve the site plan.

Mr. Herbert wanted to clarify the conditions that apply to the� Industrial zone restrictions:� a manufacturing facility, an industrial facility, or a scientific or research lab would be prohibited.��� Storage and office space would be permitted.�

A motion to approve this variance was made by Mr. Picerno, 2^nd by Mr. Sica.� All in favor: Mr. Picernno, Mr. Herbert, Mr. Sica, Mr. Pugliese, and Mr. Cuppari.� Opposed: Mr. Lepore.�

Application #09-06 & 15-09, Paparatto Construction Company. A Bifurcated use and minor sub-division for 17 & 19 S. 21^st Street, Block 118, lots 20 & 21.� A Use Variance for two 2-family homes in a �L/C� zone.

John Wiley is the attorney representing the applicant.� He said this use requires a D-1 variance.� Sworn in: Mr. Kastrud, a professional engineer.� This application involves some property behind a dental office.� The proposal is to sub-divide two vacant lots - a 25� x 100� and a 75� x 100� lot, to create two 50� x 100� lots.� The property is located in a L/C zone and boardered on the west by a residential zone.� The aeral image shows the adjoining two family lots. Public utilities are on South 21^st St.

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�Parking will consist of a 2-car garage at each dwelling, and a 20� driveway.� Mr. Wiley referenced the existing water main and a grading plan.� Regarding the Board Planners report, he indicated additional improvememts, such as a 6� fence and buffer.�

Mr. O�Brien was concerned about the possibility of placing a pool in the rear yard, but, since that is only a 20� area, a small deck would be more probable.� The sidewalk is in disrepair, and that should be paved.� A bulk variance is not needed, since the height will not exceed 35� (about 34.8�).� The plan will be amended to state any changes.

Sworn in: Dennis Hudacsko, a professional Planner.� He showed pictures of the surrounding areas: two dwellings next door to the site.� He said a �mixed use� (L/C) does not fit into the surrounding neighborhood.� Mr. Herbert stated this property begins 100� from the Boulevard (a L/C zone).� Mr. Hudacsko said any commercial development would not accommodate the parking needs.� Residential housing would be more appropriate. The setback is 25.5� to the stoop, not including the steps.�

Mr. Ed Colling, is representing Mr. O�Brien, Board Planner.� He said this plan will conform to the neighborhood, and the fence and landscaping will be an appropriate buffer.� The rear yard will have a patio area, and the storm water issue must have the approval of the town engineer.� Additional landscaping and three trees along a new sidewalk will improve the site.

Mr. Tripodi said approval of eight waivers needed for this application.�

Sworn in: Dr. Foreman, local dentist.� His building is next to the Paparatto site.� He is in favor of the proposed changes.

Mr. Herbert said, although the Board planner suggested planting three sidewalk trees, he believes two trees would be sufficient.�

Mr. Tripodi said, although the application was bifrucated, the vote would apply to the variance and the sub-division.� The applicant consented to adding a new sidewalk, a six-foot fence with shrub buffer to the adjacent property, and two sidewalk trees. A height variance is not required.

A motion to approve this application (both the sub-division and the variance) was made by Mr. Herbert, 2^nd by Ms. Bogus.� All in favor: Mr. Lepore, Mr. Picerno,Ms.Bogus, Mr. Herbert, Mr. Sica, Mr. Pugliese, and Mr. Cuppari.�

Other comments from the Public:� There were no comments.

Adjournment: The meeting adjourned at 9:50 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary