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