Planning Board Minutes Borough of Kenilworth December 10, 2015

Transcription

1 Planning Board Minutes Borough of Kenilworth December 10, 2015 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 Local Source, and the Star Ledger. Pledge of Allegiance was led by Chairman Rich Picerno. Roll Call: Present: Mr. Picerno, M. Bogus, A. Cuppari, A. Pugliese, F. Mazzeo, A. Manee, Mr. Candarella. Also present were Mr. Bongiovanni, Planning Board Attorney and Kevin O Brien, Planner. Mr. Picerno advised that Mr. Grimaldi s father passed away this afternoon and the Board sent him their deepest condolences and that is why he is not here tonight. Mr. Picerno said he was informed tonight that the minutes for the Planning Board will not necessarily be all transcribed but more audio and visual. He asked everyone who comes up to the mike to speak into the mike and to speak clearly. He said if you are going to have exhibits, please have the exhibits facing in such a way to get a good camera shot so that we can see who you are and what you are saying because we may have to refer back to the video. Approval of November 12, 2015 Minutes: Motion made by Mr. A. Pugliese, seconded by Mr. Mazzeo. Upon roll call all in favor. Upon roll call all in favor.. Communications: Ms. Bogus reported that Application #1-15, Claudia Moreno has cancelled her scheduled meeting for this evening and she would like to carry it over to February 11, Ms. Bogus said if she does she would have to notify the property owners. Mr. Bongiovanni said she would also have to advertise publically. Motion was made by A. Pugliese, seconded S. Candarella by to carry Application #1-15 to February 11, Resolutions: Application Newark Avenue Corporation 540 Newark Avenue Block 117, Lot 6 Motion was made by Mr. Candarella, seconded by Mr. Mazzeo to adopt the resolution with the changes advised by Mr. Bongiovanni. All in favor.

2 Planning Board Minutes December 10, 2015 Page 2 Application #3-15 & 351 Mr. Schmidt, a representative for Application #3-15 & 351 asked for a postponement of the Super Bread resolution. Motion was made by Mr. Candarella, seconded by Mr. Pugliese to continue the application until April 14, 2016 so long as there is communication between engineer to engineer and that on April 14 th we will get a report to see where they are. Mr. O Brien said the applicant will appear here on April 14, 2016 to report to the Board. Roll Call: Mr. Picerno voted yes, Ms. Bogus voted yes, Mr. A. Pugliese voted yes, Mr. Mazzeo voted yes, Mr. Manee voted yes and Mr. Candarella voted yes. Ms. Bogus recused herself from Application #5-15. Mr. Picerno said that Mr. Candarella has to leave the dais because this is a Board of Adjustment hearing. Mr. Picerno said prior to this application, he asked our attorney to talk to the applicant s attorney to inform him that there are only 5 voting members on this Board tonight and they need 5 votes for your application so in fair play he wanted to let them know. New Business: Application #5-15 Bend Building Corporation 158 North 8 th Street Block 62, Lot 3 Variance Mr. Richard Huxford Esq., Triarsi, Betancourt, Wukovits & Dugan, LLC appeared representing Bend Building Corporation, Applicant Mr. Palmadesso, Mr. Dec, Licensed Engineer and Civil Engineer and Land Surveyor in the State of New Jersey, Mr. Anthony D Agostino, Licensed Real Estate Appraiser and Salvatore Lauro AIA, licensed architect in New Jersey, all testified on of the applicant on Application #5-15. Mr. Dec addressed the Planners Report and the Engineers Report.

3 Planning Board Minutes December 10, 2015 Page 3 Meeting Opened to the Public on Application #5-15 Motion was made by Mr. Picerno, seconded by Mr. Mazzeo to open the meeting to the public. No one wished to speak Motion was made by Mr. Pugliese, seconded by Mr. Mazzeo to close the meeting to the public. Mr. O Brien said the applicant requested waivers from a number of checklist # s 13, 22, 24, 25, 26, 27 and 28 and the Board, the Engineer and Planner have no objections to granting those waivers since there is not any significant changes being made to the site. Conditions the Board should consider are to remove all vehicles from the residential area, revise the architectural and site plan to show consistency and ramps to the plant show the garbage enclosure and one way traffic sightings so there will be one way around the building from south to north, show the planting area on the north side of the building and show the lighting detail as to what fixtures are going to go where and they will be timer activated until 10 PM for the parking lot lights and switchable entry lights including the second floor. Mr. Picerno asked the public if anyone had a comment to these conditions. No one from the public had objections. Motion was made by Mr. Pugliese, seconded by Mr. Manee to accept Application #5-15, Bend Building Corporation with the conditions stated by Mr. O Brien. Roll Call: Mr. Picerno voted yes, Mr. Cuppari voted yes, Mr. Pugliese voted yes, Mr. Mazzeo voted yes and Mr. Manee voted yes. Motion was made by Mr. Pugliese, seconded by Mr. Manee to approve the adjustment of the language made to the Resolution for application Roll Call: Mr. Picerno voted yes, Ms. Bogus voted yes, Mr. Cuppari voted yes, Mr. Manee voted yes and Mr. Pugliese voted yes.

4 Planning Board Minutes December 10, 2015 Page 4 Mr. Mazzeo left the dais, Mr. Candarella and Ms. Bogus came back to the dais. Mr. Ed Dec testified for Application New Business: Application THS Properties, LLC 111 North Michigan Avenue Site Plan Mr. Steven Hehl appeared representing the applicant THS Properties, LLC. Mr. Ed Dec, Licensed Engineer in the State of New Jersey and also a Land Surveyor and Civil Engineer testified on behalf of the applicant THS Properties, LLC. Mr. Schinn, the owner of THS Properties testified. Motion was made by Mr. Pugliese, seconded by Mr. Cuppari to open the meeting to the public on Application # Diane Marin said she is negatively affected by the lighting on the property, she said trucks keep their lights on all hours of the night and the lights shine into her house and also trucks are parking in that area and the mechanics are partying all night. It was determined that the area Ms. Marin was referring to is not part of the property for this application. Mr. Picerno advised Ms. Marin to contact the police department. Mr. Ed Cuparra, 639 Washington Avenue Mr. Cuparra said he is on the corner of Michigan and Washington. He said his situation regards the partying that the mechanics do across the street from United Crane. He called the police and they said because it s a commercial zone they could do whatever they wanted after hours. He explained the situation to Chief Zimmerman. United Crane operates most of the night. The would park right in front of his house at all hours of the night and leave the truck running the whole night. He went to the police and they said they couldn t do anything. He said there is a mustang that is not street legal and he idles his car to the max and you can hear it down the whole street. Mr. Cuppara was advised to go to the police regarding cars idling, the Planning Board cannot make a judgement or rule on his situation. Mr. Cuparra said he obtained a gun permit and has 32 cameras in his house and he is ready. Mr. Schinn, owner of the property said he will speak to his tenants tomorrow.

5 Planning Board Minutes December 10, 2015 Page 5 Motion was made by Mr. Candarella, seconded by Mr. Manee to close the meeting to the public on Application # All in favor. Mr. O Briens summarized the following conditions to be added, to revise the plans to show between lots 103 and 104 an access in the middle for ingress and egress add landscaping as described to Lot 102, show all new fencing and gates on the site plan, remove the pavement at the corner of Michigan and Federal and replace with a planting area, add a landscape plan, add the ADA spaces as described in testimony and that they provide all other applications such as the County s soil conservation, etc. and also an extension of time to pass the resolution at the February meeting after the plans have been provided and reviewed by the engineer and planner. Motion was made by Sal Candarella, seconded by Mr. Picerno to approve Application #15-01 with the conditions stated by Mr. O Brien. Roll Call: Mr. Picerno voted yes, Ms. Bogus voted yes, Mr. Cuppari voted yes, Mr. Pugliese voted yes, Mr. Manee voted yes, Mr. Candarella voted yes. Good of the Board: No comments. Motion made by Mr. Pugliese, seconded by Mr. Candarella to adjourn the meeting. Respectfully submitted by: Kathleen Moschitta Recording Secretary