Planning Board Minutes from 2/26/2009

Borough of Kenilworth

�Planning Board Minutes

February 26, 2009

The meeting began with an affirmation of the Open Public Meetings Act requirements: The schedule of meetings is on file in the Borough Clerks office, was posted on the bulletin board, and has been mailed to the Cranford Chronicle, the Kenilworth Leader, and the Star Ledger.� All present recited the Pledge of Allegiance. Approval was given to pay the Recording Secretary.

Roll Call:Mr. Lepore, �Mr. Candarella, Ms. Bogus, Mr. Cirillo, Mr. Sica, Mr. Pugliese, Mr. Laurie, and Mr. Cammarota.� Excused: Mr. Pantina. And Mr. Picerna.� NOTE: Mayor, councilmen, and mayors-designee are not eligible to vote on Board of Adjustment matters.

No Communications

Resolutions :� Application #13-08, Cameron, 445 Sheridan Ave, Block 3, Lot 38, A Use Variance to convert a single family to 2-family in R-2 zone.� A motion to approve was made by Mr. Herbert, 2nd by Ms. Bogus.� All in favor: Mr. Cirillo, Mr. Pugliese, Mr. Sica, Ms. Bogus, and Mr. Laurie.

Application # 3-08, Metro PCS, NY, LLC,/Bramson, 201 S. 31st Street, Block 178, Lot 6, add new antenna to existing pole..� A motion to approve this resolution was made by Mr. Pugliese, 2nd by Mr. Sica.� All in favor:� Mr. Cirillo, Mr. Pugliese, Mr. Sica, Ms. Bogus, and Mr. Laurie.

New Business:Application # 12-08, Szabo, 205 N. 21st St., Block 43, Lot 2, a Side yard variance (2� setback).� Marked as exhibits:� the application, affidavit, publications, mailing sheet, letter and five pictures.�

Sworn in:� Gabriana Szabo.� She said her neighbors are not opposed to the 18� x 13� shed. (10� x 10� is the maximum allowed).� It was built without permits, and only 2� from the property line.� Mr. Pugliese said it seems to be attached to the house, and looks more like an addition than a shed.� Mr. Lepore said her back yard is very large, and if she wanted a shed, it could be placed in compliance with the zoning codes.� Mr. Herbert asked to read the Ordinance regarding this matter:� A shed must be no larger than 10� x 10�; no more than 3� from the rear lot line, and be located only in the rear yard.�

The present structure must be removed, and if the applicant wishes to build a new shed in compliance with the zone codes, she must get the proper permits.� The meeting was open to the public.� A motion of denial was made by Mr. Laurie, 2nd by Mr. Cirillo.� All in favor of a Resolution of Denial:� Mr. Cirillo, Mr. Pugliese, Mr. Sica, Mr. Herbert, Ms. Bogus, Mr. Lepore, and Mr. Laurie.

Application #7-08, Monroe Avenue LLC, 322 Monroe Ave, Block 25, Lot 14, a change of use, a 2 family in a CI zone.�

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The attorney for Mr. Wilson began the proceedings.� He said a prior request was denied by the Planning Board, and the re-application is a result of a lawsuit, that allowed the application be heard by the Board if the application is amended.�

He said the client is trying to be consistent with the neighborhood.� Further amendments were made to the application to eliminate the need for some �C� variances.�

The application, affidavit of publication, and the plans were marked as exhibits.

Sworn in:� Mr. James Watson, professional planner and licensed surveyor.�� His qualifications were accepted by the Board. He stated that Mr. Wilson made revisions to the application. A tax map and proposed house were exhibited.� There will be a change:� the architectural renderings show 18� between the house and the garage, and the client moved the garage to a 13� distance, which makes it 10� off the rear line.� A �D� Use variance and a �C� variance are needed.� (The 40� x 100� lot is a pre-existing condition).� Currently, block 25, lot 14 is a vacant parcel.� There is a 2-car garage behind it and there are 2-family uses on the block.�

The property is in a C/I zone, adjacent to an R-3 zone.� A C/I zone allows a professional office, retail sales, banks, food service, and other commercial businesses.� A commercial use generates more traffic, and the lot is too small for a commercial use.� The positive criteria outweigh any negative.� A �C� variance is the only relief, all setbacks are met for a C I zone. The Borough attorney pointed out the applicant is requesting a Use change and a bulk variance.�

The Board acknowledged the 40� side runs along Monroe Ave., and the front of the proposed house faces North 11th Street.� The address is on Monroe Avenue, and the client could apply for an address change.�

Mr. Cirillo said the driveway will be only 13� deep.� The clients� attorney said there will be a 2-car garage and street parking.� There are no sidewalks; the property line to the street is 10� and, combined with the 13� driveway, this creates a 23� parking area.�

Mr. Cirillo said this house will not be in line with any other house on 11th street.� He also made a comment concerning the attic; it could be illegally used as a 3-family house.� The Board Attorney said the house is a two-family, and is not allowed to be a 3-family.�

Mr. Herbert is concerned about the �site triangle�. He asked if the applicant would consider having the main entrance face Monroe, instead of 11th Street.� Mr. Sica said having the house facing 11th Street would be safer than facing Monroe Avenue. The meeting was opened to the public. �Mr. Tripodi said the Board could state, as a condition of resolution, the applicant request a new address (11th Street instead of Monroe Avenue), and the Use be specifically for a two-family only.�

A motion to approve this application, with the prior conditions, was made by Mr. Herbert, 2nd by Mr. Pugliese.� All in favor: M. Pugliese, Mr. Sica, Mr. Herbert, Ms. Bogus, Mr. Lepore, and Mr. Laurie.�� Opposed:� Mr. Cirillo.

Other Business:� The Board members are required to attend sessions on Planning Board procedures.� Some members will attend school this Saturday; others are going in March.� The Board attorney, Mr. Tripodi, is invited to attend the March 5 workshop.

Adjournment:� The meeting adjourned at 8:55 p.m.

Respectfully submitted,

�Janet M. Murphy, Planning Board Recording Secretary

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