Borough of Kenilworth

Planning Board Minutes

May 24, 2007

The meeting began with an affirmation of the Open Public Meetings Act requirements and the Pledge of Allegiance.� The Minutes from April 26, 2007 were approved.� Approval was given to pay the Recording Secretary and the Board Attorney.

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

New Business:� Application #4-07, Bamber, 654 Trenton Avenue, Block 151, Lot 28, a side yard Air Conditioner.� Because there is an ordinance change, a side yard air conditioner is a permitted use.� A permit must still be applied for, and Mr. Beninati said he would write a note to the Building Inspector, telling him this application for a variance is not necessary.� Zone requirements for the new ordinance must still be met.

Application # 7-07, Faccini, 346 Oakwood Avenue, Block 169, Lot 14, a Variance for a 2^nd floor dormer, not adding to the present non-conformity.� Sworn in:� Mr. Faccini.

The front non-conformity measures a 24�8� setback.� The new dormer will not increase this footage.� A hot tub and shed exists on the property.� A motion to approve this application to resolution was made by Mr. Beninati, 2^nd by Mr. DeLuca.� All in favor:

Mr. David, Mr. DeLuca, Mr. Michitsch, Mr. Beninati, Mr. O�Malley, Mr. Cirillo, Mr. Schielke, and Mr. Dick.

Communications:� Mr. Beninati said the Swanson Application for an addition was being withdrawn, upon request of the applicant.

Resolutions:� Application #2-07, Fernandes, 46 So. 19^th Street, Block 114, Lot 8, a variance for a rear yard setback for an addition.� A motion to accept this resolution was made by Mr. Schielke, 2^nd by Mr. O�Malley.� All in favor:� Mr. David, Mr. DeLuca, Mr. Michitsch, Mr. Beninati, Mr. O�Malley, Mr. Cirillo, Mr. Schielke, and Mr. Dick.

Application # 6-07, Rothery, 45 South 20^th Street, Block 114, Lot 25, a variance for setbacks on a front yard canopy and rear deck.� A motion to approve this resolution was made by Mr. Michitsch, 2^nd by Mr. David.� All in favor:� Mr. David, Mr. Deluca, Mr. Michitsch, Mr. Beninati, Mr. O�Malley, Mr. Cirillo, Mr. Schielke, and Mr. Dick.

New Business (continued):� Application #3-07, Pugliese, 109 N. 19^th Street, Block 52, Lot 5, a Variance for the rear yard setback for an outside elevator.

� Sworn in:� Anthony Pugliese, son of the applicant.� He explained his dad, Tomasso, has been bedridden for the past ten months, therefore the house needs an elevator.� He said an elevator on the outside of the house would be in the most convenient.� Mr. Pugliese was asked why the elevator was not constructed sooner, since an inside elevator was approved in a prior application.

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(RE:� Prior Resolution #14-00, Approved at a public hearing on March 1, 2001)

Mr. A. Pugliese replied he was waiting for the insurance company to approve and issue the money for this project.�

Sworn in:� Christopher Lynch, President of Alternatives to Barriers, representing Mr. Pugliese. �Mr. Lynch is the Architect of the currently submitted design.� �He stated the initial approved design in 2001 under evaluated the special needs of his client.� The addition needs another bathroom, and the existing is sub-standard.� Mr. Lynch said the main support wall of the house is blocked.� The work involved would be more expensive (than the prior approved plan).� He said the variance for the setback would be 7� less than the first variance that was granted. The first architect was chosen by the insurance company and may have based the design on ADA requirements.� The elevator that was originally proposed would decrease the size of the future bathroom.� The clients� wheelchair requires a 53� turn around area.� Mr. Lynch was concerned about the additional space the elevator room will require.� He did not see the original application and did not know where the elevator room would have been positioned.� The project was started, but Mr. Lynch said the PIT fund attorney, at that time, did a sub-standard job. Mr. Lynch explained the reason for the delay in obtaining the necessary funds. �Prior to two years ago, the claim for the first $75,000.of New Jersey Auto Insurance was paid by the company of the insured, and any additional money was to be obtained from a state fund (originally JUA).� Recently, this law was changed.� Mr. Pugliese now has the insurance fund money in an account.�

The Board suggested Mr. Lynch look at the previous application, and explain why he believes the elevator will not fit in the space provided in the original plan.� A separate room is needed for the elevator motor.� The house is three-stories high, and a tenant resides on the third floor, but the elevator should go to the highest level, in case the tenant moves.� There is inside space for the elevator although the motor room requires extra space.� The clients� request is for an outside elevator.� A suggestion was made that this motor room be positioned on the second floor, where there is unused space.� Mr. Lynch agreed this could be an option (having the elevator inside, with the motor room positioned on the second floor).

Mr. Lane explained the definition of a �hardship� request for a variance.

�It was suggested that additional review time might be beneficial for the applicant and the Architect could re-consider other options, which have been discussed.� There are modifications, which could be considered on this proposal, such as, reducing the motor room to the minimum size, and re-locating it.� The applicant has an opportunity to ask for a vote on this application, as it stands, or to modify his plans and submit them at a future hearing.

Mr. Pugliese requested a postponement to June 28, 2007.� There will be no need to re-notice the Public.

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Other Business:� Mr. Lane prepared a rough draft for the by-laws, and a copy was given to each member.� A discussion and review can be held at the next meeting.

Adjournment:� The meeting was adjourned at 9:25 p.m.

Respectfully submitted,

Janet M. Murphy,

�Planning Board Recording Secretary