Borough of Kenilworth

Planning Board Minutes

March 22, 2007

The meeting began with an affirmation of the Open Public Meetings Act requirements and the Pledge of Allegiance.  The Board approved the fees of the recording secretary and the attorney.  The minutes of February, 2007 were approved.

Roll Call:   Present:  Mr. Cirillo, Mr. Beninati, Mr. David, Mr. DeLuca, Mr. Soos, Mr. Corcione, Mr. O’Malley, Mr. Pantina, and Mr. Dick.  Absent:  Mr. Michitsch and Mr. Peters, Mr. Schielke, and Mr. Mancino. 

Communications:  Mr. Beninati said there were no communications.

Resolutions:  Application #30-06, Pellino, 170 S. Michigan Avenue, Block 132, Lot 9, Variance for an addition to a corner lot (without the side porch).  A motion to approve this resolution was made by Mr. Soos, 2^nd by Mr. DeLuca.  All in favor:  Mr. David, Mr. DeLuca, Mr. Beninati, Mr. Soos, Mr. Corcione, Mr. O’Malley, Mr. Cirillo, and Mr. Pantina.

Application # 36-06, Maas, 642 Summit Avenue, Block 150, Lot 33, Variance for a front porch setback.  A motion to approve this resolution was made by Mr. Soos, 2^nd by Mr. DeLuca.  All in favor:  Mr. David, Mr. DeLuca, Mr. Beninati, Mr. Soos, Mr. Corcione, Mr. O’Malley, Mr. Cirillo, and Mr. Pantina.

Application #303, United Fire Protection Corp., 1 Mark Road, Block 2, Lot 17, Site Plan and Alterations.  A motion to approve this resolution was made by Mr. Corcione, 2^nd by Mr. O’Malley.  All in favor:  Mr. DeLuca, Mr. Beninati, Mr. Soos, Mr. Corcione, Mr. O’Malley, Mr. Cirillo, and Mr. Pantina.

New Business:  Application #07-01, Tome, 321 North 22^nd Street, Block 19, Lot 15, Minor sub-division.  Sworn in:  Mr. Richard Huxford, attorney for the applicant.  Sworn in: Mr. Paul Rodriguez, who would be acting on behalf of Mr. Tome.  He is the son-in-law of Mr. Tome and he lives on 317 N. 22^nd Street.  He said Mr. Tome wants to make a straight line between both properties to construct a playground on his property.  He will not develop any part of the property.  The lot is 60’ x 100’.  An existing shed exists less than 5’ from the street. (Code #197-96).  The shed is in violation.  The sub-division would create two irregular lots, but no additional variance would be needed.  The Board Attorney said as a “condition of Resolution”, removal of the shed could be included.

Sworn in:  Mr. Ed Dec, engineer for the applicant.  He said the sub-division would reduce the area of lot 15 (321 North 22^nd Street) to 6,637 square feet.  Lot #16 would increase to 7,491 square feet.  The now non-existing lot #14 is now connected to lot 15.  The 10’ x 10’ shed is non-permanent, and should be moved (see code #197-37, accessory structures).  The playground will consist of a swing set.  The sub-division will make both properties more functional.  A motion to approve this to resolution (moving swing set and shed to comply with the codes) was made by Mr. Beninati, 2^nd by Mr. DeLuca.  All in favor:  Mr. David, Mr. DeLuca, Mr. Beninati, Mr. Soos, Mr. Corcione, Mr. O’Malley, Mr. Cirillo, Mr. Pantina, and Mr. Dick.

Page 2

Application #01-07, Carvalho and Morales, 249 Faitoute Avenue, Block 148, Lot 9, Variance for an addition/ existing, non-conforming front and side setbacks.  Sworn in:  Ms. Isabella Morales and Mr. Richard Huxford, attorney.  She said the one-story house is smaller than other houses in the area.  Photos were shown of the neighborhood. 

Sworn in:  Alfredo DeSilva, architect, representing Ms. Morales.  The 1 ˝ story frame house is on a 75’ x 100’ lot.  The present side yard has a non-conforming 3’6” setback, and the existing front yard has a 17’7” non-conforming setback (from the vestibule).  The applicant wishes to maintain the existing garage, and moving the vestibule back by 4 ‘6”.  They want to expand on the back of the house, and have three and a half bathrooms. 

The proposal will not increase the side yard setbacks.  The increase to the house will be on the western side of the house.  The front setback will become 20’3”, which will be more compliant with the zoning code. 

Sworn in:  Ms. Carol Senatore, 240 Faitoute Avenue.  She asked about the entryway, and was not opposed to the proposal. 

Mr. Beninati made a motion to approve the variance, 2^nd by Mr. Dick.  All in favor:  Mr. David, Mr. DeLuca, Mr. Beninati, Mr. Corcione, Mr. O’Malley, Mr. Cirillo, and Mr. Dick.  Opposed:  Mr. Soos and Mr. Pantina.

Other Business:  Sworn in:  Paul Ulrich, 59 Arthur Terrace, wants to install an air conditioning unit on the side of his house.  Mr. DeLuca said an ordinance to allow a side yard unit is under review, but could be at least two months before it is passed.  Mr. Ulrich may apply to the Board for a variance if he wants his unit installed sooner.

Mr. Soos said the library needs a variance for an elevator.  Mr. Lane suggested an application can be handled expeditiously after a work session.  Mr. David said approval is needed very soon to receive a Community Development Grant and another promise of a State Grant. 

Mr. Beninati passed out financial disclosure questionnaires to the Board members. 

Mr. Dick had a question about pre-existing, non-conforming zoning offences.  Mr. Lane suggested the homeowner must show proof that the infraction was built prior to the zone code.  Any violations can be reported to the Zoning Official.  Mr. Dick said he is not in agreement with one decision of the Official.  Mr. Lane said Mr. Dick has the right to appeal the decision of the Zoning Official to the Board of Adjustment. 

Mr. Dick asked about how the Board deems an application is “complete” in order to schedule before the Board. 

A motion to adjourn was made at 8:45 p.m.

Respectfully submitted,

Janet M. Murphy, Planning Board Recording Secretary