Planning Board Minutes 11/18/2010

November 18, 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 October 28, 2010 minutes.  Approval was given to pay the Recording Secretary.


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

Absent and excused: Mr. Murphy

Communications:  Ms. Bogus received a fax, dated 10/27/10, RE: the Ross Brothers application (#7-10), requesting it be withdrawn.  She noted a follow-up letter was sent from the building department to confirm this applicants’ request to withdraw.

Master Plan: Mr. Lepore announced the December 2, 2010, at 7 p.m., Planning Board Workshop will be open to the public to discuss and review the new Master Plan.  The Master Plan will be scheduled for a vote at the regular Planning Board meeting on  December 16, 2010, at 7:30 p.m.  Mr. O’Brien noted all members will receive the Master Plan via e-mail and hard copies will also be available at Borough Hall for review.

Resolutions:   Application #8-10 & #319,    Sprint/Nextel, RE: Bramson, 201 S. 31st Street, Block 178, Lot 6, Site Plan and Variance, Upgrade existing wireless facility and sideyard setback.

A motion to approve this resolution was made by Mr. Sica, 2nd by Mr. Pugliese.  All in favor: Mr. Sica, Mr. Pugliese, Mr. Manee, and Mr. Cuppari.

New Business:  Application # 320 & #10-10,   NTM Properties,                                        RE: 100-124 N. 12th Street, Block 59, Lots 1,2,3; Block 58, Lot 4; Block 56, Lots 14-17 &9.01  Site Plan/ Use Variance/ Parking variance –Lincoln Service to warehouse & repair industrial products in an Industrial zone.

Mr. Candarella and Mr.  Cammarota were recused, since they may not vote on Use Variances. 

Mr. Joseph Paparo, Attorney, represented this applicant.  This site was the former National Tool site.  Lincoln Equiptment Service engages in the warehousing and service of industrial sweepers and other industrial equiptment.

A former request to reverse the zoning officers’ decision was made in August, 2010.  This resulted in denial to reverse his decision, and it is now necessary to request a site plan and Use variance.  A parking variance is also required.  This site and use can adequately accommodate far less parking spaces than required by the zoning law square footage.  Lincoln Service is enviornmentally friendly and is a proper use for this location.

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Sworn in:  Mr. Joseph Rowe, representative of Lincoln Service.  He passed out brochures to the Board members that explained the function of the company.  This facility is presently located in Union; his business requires a smaller building than it now occupies. 

It is not a retail business.  The machines are delivered to the customers.  The equiptment is serviced at the customers’ site.  Seventy percent of the business is used for Industrial sweepers and scrubbers.  Thirty percent of the space is used to warehouse other small utility vehicles.  The business uses five employees; the hours of operation are from 8 a.m. to 5:30 p.m., weekdays only. 

The detergents used in the scrubbers are bio-degradable; the vehicles use electric, not gas.  They are not a contractor cleaner business.  They do have some rental machines, used for demo purposes.  The building has an indoor loading dock.

Mr. Pantina asked if any repair work would be made outside of the building.  All repairs are made inside the building; the largest sweeper is only ten feet long.

The parts department is located in Conneticut, which are sent dircetly to the customer.  It is not a retail business.  Mr. Rowe feels that the parking is more than sufficient at this site for this business.  He has never had a noise complaint from neighbors.   He does not store chemicals.  Most vehicles are electric or propane.  The building has proper ventilation.

Sworn in:  James Masternardi, Architect and consultant, residing in Kenilworth.  He explained 100-124 North 12th Street is located in an Industrial zone; it has a large buffer.  This warehouse has not been used for some time; the last use employed 95 people, and it closed in 2005.  New businesses are beneficial to the community.  About 248 parking spaces are required by Ordinance.  The 193 parking spaces provided are more than adequate. There are only five employees.  Five loading spaces are available; four loading spaces are required.  Two of these docks were not clearly shown on an architectural plan. The chairman and vice-chairman suggested the plan be modified to show these docks.  Mr. O’Brien said this particular applicant will have their loading dock inside the warehouse. 

 Mr. Tripodi noted that another succeeding tenant (change in occupancy) must come before the Board for a parking (and any other) variance. 

Mr. Masernardi said this use is not detrimental to the public good, has no impact on traffic, no noise problems, or pollutants.  It is not a commercial use. 

Mr. Lepore suggested any debris around the building and surrounding swale be removed.  Mr. Paparo said NTM would not object to cleaning up the site and provide a buffer.  Mature trees are already present. 

Mr. Masternardi said he reviewed Mr. O’Briens’ report; he will work with the planner on the required handicapped spaces and placement of the dumpster. 

Sworn in:  Mr. William Zeus, Jr., president of NTM properties.  He said the gate is closed and locked at night.  He will provide the ADA handicapped parking space.  The rubble will be removed, and the abandoned trailers will be cleared away.  If the owner of these trailers does not come back to remove them, Mr. Zeus will remove the trailers.  He will replace needed evergreens.  There will be no additional site lighting.

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  A 3’ x 4’ sign will conform  to Borough ordinances.  This applicant will have a dumpster inside of the building.  The Planning Board engineer sees no problems with drainage. 

The meeting was opened to the public.  Sworn in:  Bernadine Giliane, nearby resident.

She asked about access to the lot and waste products.  Trucks will enter on 12th Street.  Solid waste will be disposed of properly and no liquid waste will run out into the parking lot. 

Sworn in:  Donna Frank, resident.  She requested to see the architectural plan and which area of the building Lincoln would be located. 

The attorney, Mr. Paparo, said his client will comply with all necessary demands of the Board.  Mr. Tripodi, Board attorney, said a Use variance, a bulk variance, and site plan and waivers will be included in this resolution. 

Mr. O’Brien reviewed the topics that were discussed: access to be shown on the site plan, as well as sinage and a handicapped space.   Clean-up (within 90 days), trailer removal, and landscaping buffer must be included in the resolution. 

A motion to approve this application to resolution, with the conditions of the Board Planner, was made by Mr.  Pugliese, 2nd by Mr. Sica.  All in favor: Mr. Lepore,, Mr. Picerno, Ms. Bogus, Mr. Pantina, Mr. Sica, Mr. Pugliese, and Mr. Manee.

 Application # 321 & #9-10,  DIVSPEC, RE: 605 Springfield Road, Block 3, Lot 8.02

Site plan/ Parking/ Other Variances-- in existing non-forming building.

Mr. Stephen Hehl is the attorney for DIVSPEC.  This applicant produces electric components and fastners.  An existing minor side yard variance is required.  He reviewed Mr. O’Briens’ comments.

Sworn in:  Mr. Ed Tomcheck, 31-year resident of Kenilworth and president of

DIVSPEC.  This company sells bolts, nuts, fittings, and twenty foot struts.  The hours of operation are from 7 a.m. to 5 p.m., Monday through Friday.  There will be fourteen employees (two will be on-the-road).  UPS, one weekly container, and some other trucks will access the lot.  Once a month, broken palates are removed.  Propane tanks are caged.  The sixteen parking spaces are going to increase to twenty-five spaces.  It is a wholesale operation.  Three vans and a flatbed are owned by the company. 

Sworn in:  Mr. Ed Dec, engineer.  The actual address of this business is: 4 Mark Road.  It is in an Industrial complex.  He showed an aerial view of the site.  A trailer on the property will be removed.  He pointed out an auxiliary access point in a permanent easement.   The proposed building will be 30’ x 75’.  A handicapped space and twenty-five parking spaces will be on site (25 are required).  The water run-off will not be compromised.  The dumpster area will be enclosed.  No signage is proposed.  The building will not have gas, electric, or water; it will be used for storage only.  A loading area will comply with ordinances.  The aisle width will be increased from 21’ to 26’.  The plan was improved and revised and include no requests for new variances.  The existing, non-conforming 4.82’ setback needs a variance (5’ is required).  He addressed the Board planners’ comments, including the proposed enclosed dumpster and site debris removal. 

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Mr. Lepore said the applicant must maintain the site and revise the site plan to include the new changes.  The Board engineer said the applicant will accept responsibility to maintain the sewer site. 

A motion to approve this application to resolution was made by Mr. Pugliese, 2nd by Mr. Sica.  All in favor:  Mr. Lepore, Mr. Picerno, Ms. Bogus, Mr. Pantina, Mr. Sica, Mr. Pugliese, Mr. Manee, Mr. Candarella, and Mr. Cammarota. 

Comments for the Good of the Board   Mr. Lepore requested the Board members read over the Master Plan and attend the December 2nd work session for discussion and finalization. This work session will be open to the public.  The  Master Plan will be voted on at the December 16, 2010 meeting.

Comments from the Public:  There were no comments.

Adjournment: The meeting adjourned at 10:00 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary

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