September 23, 2010

The meeting began with an affirmation of the Open Public Meetings Act.� 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 August 26, 2010 minutes.� Approval was given to pay the Recording Secretary.

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Roll Call:� Present: Mr. Lepore, Mr. Picerno, Ms. Bogus, Mr. Sica, Mr. Candarella (arrived late), Mr. Pugliese (arrived at 8 pm), Mr. Cuppari, and Mr. Cammarota.

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

Communications:� Ms. Bogus said she received a letter from Mr. & Mrs. Montouri, 41 N. 10^th Street.

Resolutions:

NTM Properties Resolution of Denial to Reverse Zone Decision, 100 No. 12^th Street, Block 59, Lot 1, Lincoln Service/Equiptment Co., not permitted use in I zone.�� ( A resolution to uphold the zoning officers� decision).� A motion to accept was made by Mr. Sica, 2^nd by Ms Bogus.� All in favor:� Mr. Lepore, Ms. Bogus, Mr. Sica, Mr. Cuppari, and Mr. Cammarota.

Application #318, ��Leased to: IDL TechniEdge, Boright Realty, LLC, 30 Boright Ave, Block 6, Lot 4, Site Plan and Parking Waiver.� A motion to accept was made by Mr. Cammarota, 2^nd by Mr. Sica.� All in favor:� Mr. Lepore, Ms. Bogus, Mr. Sica, Mr. Cuppari, and Mr. Cammarota.

New Business:�

Application #7-10, Ross Brothers, LLC, 104 Nol 10^th St., Block 60, Lot 3, Expansion of bar into basement.� The bar is an existing, non-conforming use in the I zone.�

Mr. Donald Frasier, attorney for Ross Brothers, spoke.� He requested an extension of this hearing until October 28, as he would like a 7-member board of adjustment to be present.� Five votes are necessary to pass a �D� variance.� (At this point, seven regular members are not present).� He requested that no further re-publish notice be necessary.� A vote was taken by the Board to delay this application until October 28, 2010.� Mr. Lepore said it is necessary to have all members of the Board attend the next meeting.� The Board and Mr. Frasier apologized to the public for the inconvenience.� Mr. O�Brien said deadlines must be met for an appeal as it may affect the Municipal Land Use Law.

Application #315 & #5-10, �N J American Water Co., RE: Kenilworth Water Tank, Block 4, Lot 1.01.� Variance and Site Plan Review.�

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Ms. Hyberg, Attorney, represents this applicant.� This is a site plan review and also a request for a D-2 variance (to permit the expansion of a pre-existing, non-conforming use), as well as a bulk variance.

The site is in a PF zone, but is a pre-existing, non-conforming use.� They seek to enclose an additional .5 acres.� The water company must comply with Federal mandates.�

Ms. Bogus confirmed this application is complete.�

Sworn in: Mr. Michael Aultland and Mr. John Gillespie, witnesses.� Four exhibits were presented and marked (#A 1).� Mr. Aultland is VP of a Water Supply group.� He said the site is in a PF zone, a park to the North, and is West of Michigan Ave and Via Vitale.� It is a pre-existing, non-conforming use.� The relief involves construction of a new fence around the water tank.� An eight-foot fence is proposed (this includes a 7-foot chain link fence with an additional foot of barbed wire).� There are existing fences at this site.� This additional security measure is in response to be in compliance with a federal mandate.� The water company is seeking a �D-2� variance, expansion of a non-conforming use.� The visual aspect is minimal, it is about 124� from the nearest property line.�

Mr. O�Brien, Board Planner, said his stafff has no objection to the proposal, and the Board engineer, agreed.� The Bulk variances requested are: (1) an additional 8� fence, (2) the use of barbed wire, (3) expansion of a non-conforming use.� It is not detrimental to the Zone Plan or neighboring property.

Mr. Cuppari asked if the additional barbed wire is necessary.� The reply was that this should discourage intruders.� Mr. Gillespie said an alternative is a higher additional fence (an 8� chain link fence).� Vandals have breached the security, and grafitti is on the tank.� Mr. Peters asked if the present smaller barbed-wire fence will remain.� The water company would like to keep this fence in place and add the additional 8� fence around it.

Mr. Gillespie said the water system could� become contaminated, if vandalized.� Presently, there is a warning (SKATA) system in place.� Flash Cams are installed as a deterrent.� The SKATA system warning goes to NJ American water company first, and then an alert is sent to the local police.

Mr. Pugliese is concerned that trespassing kids could get caught on the barbed wire and get hurt.� Mr. O�Brien reminded the Board that the Water Company is ordered to put up an additional security fence.� He requested the local police be notified when security is breached, and asked the water company remove the present grafitti.� Mr. Gillespie said they will re-paint the tank this summer (2011).� The fence will be installed by December.� Mr. O�Brien suggested, as a condition in the resolution, that site clean-up and grafitti removal be completed six months after the fence is installed. Also �No Trespassing� signs must be placed around the fence. Mr. Picerno asked if is possible to install a ground-level monitouring system. Mr. Gillespie said the security department is looking into additional monitoring systems, but an animal could set off a security alert.

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Mr. Picerno is concerned that kids in the area may get hurt on the barbed wire.� Mr. O�Brien said a �� mesh fence would deter kids from climbing.� Mr. Picerno asked if an additional buffer between the two fences is possible.

�Ms. Hyberg said the water company has looked into all possibilities of security.� The police and fire department are called immediately when the SKATA system is alerted.�

Mr. Richard O�Connor, Board engineer, said there are many false-alarms.

The meeting was opened to the public.� Sworn in:� Mr. Dennis Miller.� He inquired about how far would the fence be extended. (over 124� from the nearest property line).

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Sworn in:� Mr. Bob Herbert, zoning officer.� He is against adding the barbed wire.

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Mr. Sica asked if the 8� fence without barbed wire would be acceptable.� The applicants� attorney strongly requested the barbed wire, but added that the water company at least keep the existing barbed wire fence in place, and add another fence around it.�

Mr. O�Brien said the grafitti is still on the tank and was not removed when the first barbed wire fence was installed, two years ago.�

Mr. O�Connor asked if parallel fences (10� apart) could be implemented; one 8� fence and one 10� fence with a flash-cam between the two.

Mr. Tripodi, Board Attorney, asked if the Board would consider extending this hearing to October 28, so that a security expert be present.� The Water Company representative agreed to amend the application and to keep the existing barbed wire fence, and add an additional 8� chain-link only (with �� or 1� mesh) outer fence. Also, as another condition, the comments of the Board Planner and Engineer, (concerning grafitti removal, site clean-up, and additional sinage) be included in the resolution.� After discussion, a motion to approve this application, with the above conditions, was made by Ms. Bogus, 2^nd by Mr.� Cuppari.� All in� favor:� Mr. Lepore, Mr. Picerno, Ms. Bogus, Mr. Pugliese, Mr. Sica, and Mr. Cuppari.�

Application #7-10,� Metro PCS, NY, LLC, Owner: Bramson, 201 So. 31^st St., Block 178, Lot 6,� Use variance and 1�side yard variance with amended site plan for additional equiptment.� Mr. Picerno was excused from hearing this application.�

Ms. Simone Sinisi is the attorney for Metro PCS.� She said Metro was previously granted permission to install additional improvements to the present facility.� This application is a request to upgrade this facility and to add additional ground cabinets.�

Sworn in:� Mr. Gary Musciano, architect. The facility is between So. 31^st Street and the Parkway.� Metro requests four ground cabinets be added adjacent to the compound, not visable to neighboring facilities.� Also, the fence will be expanded.�

Sworn in:� Ms. Catherine Gregory, planner.� She said this facility is located in an I zone.� It is a telecom facility.� Exhibit A-2 is a rendering of the proposed cabinets.� It will have no negative impact on the surrounding area.� The applicant will eliminate the 1� side yard bulk variance.

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�Mr. Musciano, architect, said the improvements are needed to provide internet access on cell towers.� Mr. O�Brien said the site has the capacity for one more carrier.� Next month, Sprint will replace an antenna and some equiptment.�

Mr. Musciano said two more switched, work lights will be added. Mr. O�Brien requested additional site plan information.� He suggested the owner clean up the surrounding debris as part of this application approval.�

Mr. O�Connor requested the ground holes at the site be filled in, and minor re-grading be made to insure proper water run-off.� He also suggested additional plantings.� He would inspect the area before the cabinets are implemented.�

A motion to approve this application, with the conditions proposed by the planner and engineer, was made by Ms. Bogus, 2^nd by Mr. Sica. �All in favor:� Mr. Lepore, Ms. Bogus, Mr. Pugliese, Mr. Sica, and Mr. Cuppari.

Comments from the Public:� There were no comments.

Adjournment: The meeting adjourned at 9:40 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary