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.

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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