Borough of Kenilworth

Planning Board Minutes

August 24, 2006

The meeting began with an affirmation of the Open Public Meeting Act requirements and the Pledge of Allegiance.  The Minutes from July 27, 2006 were approved.  Approval was given to pay the Recording Secretary and the Board Attorney.

Roll Call:  Present:  Mr. Cirillo, Mr. Michitsch, Mr. Beninati, Mr. Soos, Mr. Candarella, Mr. Corcione, Mr. O’Malley, Mr. Pantina, Mr. Schielke, and Mr. Russo.

Communications:  Mr. Beninati relayed a message from the Borough Clerk. The ordinance regarding the storm-water control (mandated by the state) had the first hearing at the Council meeting on August 23, 2006.  The next hearing will be September 13, 2006.  It is applicable to a site plan and is subject to reviews by the Planning Board.  Mr. Beninati offered copies to any Board member who would like to read the proposal.

Resolutions:  Application # 27-06, Romeo, 612 Washington Avenue, Block 47, Lot 4, a variance, adding a front portico.  Mr. Michitsch made a motion to accept this resolution, 2^nd by Mr. O’Malley.  All in favor:  Mr. Soos, Mr. O’Malley, Mr. Corcione, Mr. Candarella, Mr. Beninati, Mr. Michitsch, Mr. Cirillo, and Mr. Pantina.

Application #29-06, Dougherty, 110 North 24^th Street, Block 48, Lot 17, a variance for an addition on a pre-existing, non-conforming front setback.  A motion to accept this resolution was made by Mr. Candarella, 2^nd by Mr. Michitsch.  All in favor:  Mr. Soos, Mr. O’Malley, Mr. Corcione, Mr. Candarella, Mr. Michitsch, Mr. Cirillo, and Mr. Pantina.

New Business:  Application #26-06, Martins, 747 Newark Avenue, Block 129, Lot 13, a variance for a 2^nd floor addition with a pre-existing, non-conforming front setback.  Sworn in:  Sheila Martins and Eduardo Arriagada (Portuguese to English translator).  He said present side yard setback is 2’ 9”, and the front yard setback is 24’ 9”.  Ms. Martins wants to add a second level.  Mr. Russo said that the other side yard setback is only 4’ 9” also.  Both sides and front are non-conforming.  The first floor canopy (which will increase the setback variance) can be removed and the resolution can include “no further encroachment” on the present setbacks. There are different levels on the house.  The garage was added on and does have footings.  Sworn in:  Pat Leahry, 750 Newark Avenue.  He asked if a foyer would be in the back.  Mr. Arriagada said there will be a laundry room.  The cape-type house has an unfinished basement (no sub-divisions) and an unfinished second floor.  Mr. Leahry is concerned about illegal apartments in this house.   In the past, police have made tenants move. (A stove in the basement will be removed).  There are sewer problems because of past tenants in the basement.  Ms. Martins will not have a tenant in the basement.  She agrees this is a single-family house and there is no claim to any other pre-existing use.  This would be included in the Resolution.  There is a parking problem on this dead-end street.  The driveway can accommodate two parked cars. 

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Mr. Fraser asked Ms. Martins (via the translator) if she knows all the testimony is true, and that she is willing to accept the decision of the Board.  She agreed.  Mr. Soos made a motion to approve this application to resolution, second by Mr. Candarella, with the following conditions:  the front and side cantilevers be made level with the house and this will be a single-family house only.

  All in favor:  Mr. Soos, Mr. O’Malley, Mr. Corcione, Mr. Candarella, Mr. Beninati, Mr. Michitsch, Mr. Cirillo, and Mr. Pantina. Mr. Fraser told the applicant she should wait 45 days after memorializing of the resolution.  Mr. Michitsch said the Building Department will not issue a permit, prior to memorializing,  unless Mr. Beninati gives a note of permission to the Building Inspector. 

Application # 30-06, Pellino, 170 So. Michigan Avenue, a variance for an addition and a deck. ( A corner property on Michigan and Summit Avenues)  Sworn in:  Gina Pellino and Orlando Prode.  Mr. Prode drew up the plans. Ms. Pellino wants to add a small addition to the present dormer.  The front yard has a 14’8” setback, an additional 5’ side yard variance.   She wants to extend 8’ out from the side of the house with an additional side deck. (It will be even with the house and eight feet over the lowest part of the side property.)  The second floor soffit will extend a foot over the first floor.  The top of the house may not extend over 30’ high from any point of the house.  Mr. Prode said the roof will be 27’ high.

  Mr. Soos and other members are not in agreement with the addition of the deck on the side of the house.  There must be 15’ from the property line on the side (on a corner property).  There is presently 13’6” on the garage side.  With the deck, it will make the side yard 5’ 6” from the property line.  They want to add three extra bedrooms on the second floor.  This is a single family house that may not have tenants. 

The Board did not have a problem with the second floor addition, but were not in favor of the additional deck.  Mr. Candarella suggested the plans be more specific and they should show exact measurements, setbacks, and height on all sides.  The new plans should show the first floor plan also.  Mr. Prode is not an architect, and he did leave out some measurements, elevations, and some drawings of the house.  The plan also does not show set back dimensions on the rear of the house.  Mr. Fraser said the applicant can submit homeowner prepared plans without an architects’ seal, but the applicant must submit complete plans.  The applicant requested an extension of time to the September 28 hearing, and re-notice will not be necessary.

  Mr. Beninati made a motion to carry the application, 2^nd by Mr. Michitsch. All Board members agreed to the extension of time.  The new plans must be submitted at least ten days before the hearing. 

Application # 300, Neri/Brahmatt, RE: 131 So. 31^st Street, a Restaurant/Banquet Hall in an Industrial Zone.  Mr. Swayze, Board Engineer, has issues concerning grading in the plans.  The Applicant requested the hearing be carried to the September 28, 2006 meeting to have time to address these issues.  Approval was granted.

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Application #25-06, Gassmann, 44 So. 20^th Street, a variance to construct a new front porch.  Mr. Gassman made an adjustment to his original plan and recessed the steps on the wooden porch (to diminish the setback footage).   Mr. Michitsch said the porch is still too large; it would be an 18’7” setback to the first step (not 25’). It extends to the entire front of the house.  Mr. Gassman said he could possibly make it a 5’ wide porch, instead of the proposed width.  The Board apologized if Mr. Gassman did not understand they had an issue with the width of the porch at a prior meeting. 

Sworn in:  Ms. Mongiovi, 24^th Street.  She said the porch is a nice addition to Mr. Gassmans’ house.  It will not obstruct her view.

It is presently a 4’x 6’ concrete porch.  The Board members discussed the size (30’) of the porch.  Approval of this application could set a precedent. Mr. Michitsch made a motion to deny this application to resolution, 2^nd by Mr. Soos.  All in favor of denial:  Mr. Soos, Mr. O’Malley, Mr. Candarella, Mr. Beninati, Mr. Michitsch, Mr. Cirillo, Mr. Pantina, and Mr. Schielke.

Other Business:  Mr. Michitsch made a recommendation that Ordinance #197-9 (accessory buildings) be amended to allow air-conditioners in the side yard (provided the side yard requirements are met, that it be “sheltered”, and have an approved noise level.  Mr. Soos suggested this be discussed at the next workshop and a decision be made at a future meeting. Regarding this issue, Mr. Fraser is working with Mr. Michitsch on a proposal for the Boards’ approval.

Mr. Cirillo said Fourteenth Street and Springfield Road should be considered “busy streets” (like Michigan Avenue and the Boulevard).  This could also be discussed at a future workshop. 

The meeting adjourned at 9:10 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary