Borough of Kenilworth
December 17, 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. The Board approved the November, 2009 minutes.� Approval was given to pay the Recording Secretary.
Roll Call:� Mr. Lepore, Ms. Bogus, Mr. Candarella, Mr. Herbert, Mr. Pugliese, Mr. Sica, Mr. Laurie, Mr. Picerno, and� Mr. Cammarota.� Excused: Mr. Pantina and Mr. Cirillo.� NOTE: Mayor, councilmen, and mayors-designee are not eligible to vote on Board of Adjustment matters.
Communications:� Ms. Bogus said there were no communications to report.
Minor Sub-division Committee Report:� Mr. Cammarota said the committee recomends approval of minor sub-division Application #09-07, (Lesnienski, 321 N. 20th Street, Block 17, Lot 3). All in favor: Mr. Lepore, Ms. Bogus, Mr. Pugliese, Mr. Sica, Mr. Laurie, Mr. Picerno, and Mr. Cammarota.
�Mr. Lepore said Application # 15-09 is incomplete and will not be heard tonight.
Resolutions:� Application #12-09, Lahanas, 101 S. 19th St, Block 119, Lot 33, a variance for an expanded porch.� A motion to approve this resolution was made by Mr. Laurie, 2nd by Ms. Bogus.� All in favor:� Mr. Herbert, Ms. Bogus, Mr. Lepore, Mr. Laurie, and Mr. Picerno.� Mr. Cammarota was recused.
New Business:� �Appeal by Mr. Barnansky to reverse Zoning Officers� decision concerning Ordinance #197-3.� Sworn in: Mrs. Barbra Barnansky.� She asked the Board to re-consider the decision of the zoning officer based on her word that she will not make the home a multiple family house, since it is a single-family home.� She quoted en exerpt from Ordinance #197-3, stating a separate 2nd �living space� may be inhabited by another family member.� Also, the families must share a common entrance, which is the front door.� There is a separate exterior entrance with a Bilco door; this cannot be keyed from the outside.� She provided a notorized statement to be used as Exhibit 1.�
Mr. Laurie said there is a kitchen and bedrooms in the basement.� Mrs. Barnansky said they have made the former bedrooms into rec rooms.� The former resident (brother) moved to an upper level.�
Sworn in:� Mr. Bob Herbert, zoning official.� He reviewed a history of the property; in 2005, the property was purchased by a builder and applied for a sub-division.� The Board approved two single family bi-level homes.� Mr. Herbert found alterations of the original approved drawings.� An outside walkway was added from the front to the basement, which changed the elevation and the swale for drainage.��
No permits were issued for a sidewalk, jacuzzi, and a garage gas heater.� Following a letter he sent,� Mr. Herbert made an inspection, after which he gave a �stop work� order.� He noted alterations of the plans.� In addition to the owners� living area, he found a 2nd living apartment with a locked door. He also found a third living area in the basement.� There was a common hallway, two bedrooms, a full, finished bath and a kitchen in the basement. (living areas are not permitted in a basement, due to fire codes). The resident said the brothers� family resided, at that time, in the basement; the mother lived on the main floor and the owner lived on the top floor.�
Mr. Sica said the house was sold before the building was started.�
The Barnanskys were not aware they needed permits for changes to the interior.�
Mr. Herbert said he based his discision on zoning violations.� There are doors seperating the three living areas.� The family re-submitted drawings, changing only the names of the the basement bedrooms to read: rec rooms.� Ordinance #197-3 does not permit three apartments in a single-family zone.� He also believes multiple families in this house creates a negative impact on area parking.�
Mr. Laurie asked what variances were formerly granted.�� Mr. Herbert said a minor sub-division was granted, taking into consideration, swales to divert water run-off.� In the original plans, nothing was approved for the basement.�
Mr. Candarella inquired about a gas heater in the garage, and other permits that were not applied for.� After the �stop work� order, a permit were denied, due to kitchen, bathrooms, and bedrooms in the basement.� The owners were issued a fine for operating without permits.� Most of the additions were completed.� They were doing their own work and not aware they needed permits.�
Mr. Cammarota inquired about the permit denial.� Mr. Herbert said he based his decision due to the new walkway leading to a basement door, and three separate locked living areas.�
Mrs. Barnansky said there is a stone pathway (not cement) to the left of the house, that leads to the back. There is, however, a cement walkway on the right of the house.�
Mr. Herbert described the separate locked living areas.� There are three bathrooms and three kitchens, and separate doors to each area.�
Mrs. Barnansky said there are stones, not pavers, on the left of the house.� She was not aware of a swale on that side.� The right-side cement sidewalk was on the plan.�
Mr. Cammarota asked if the entire family could use all of the areas in the house, sharing kitchens, bathrooms, and other living areas.� Mr. Laurie said he tends to agree with the zoning officers� decision.�� Mr. Pugliese said the owner created three separate living areas; he said the owner stated her brother�s family, her family, and her mother lives there.� Mr. Herbert said the owner re-submitted the same plans, just changing the names of the basememt bedrooms to read: rec room and game room.�
The Board attorney said if a permit is denied, the resident can apply for a �Use Variance� The meeting was opened to the Public.�
Mr. Herbert said the Building Official wrote a �stop work� order, wrote a violation notice, and issued a fine.� The work cannot be inspected until a permit is granted.�
Mr. Candarella made a motion to affirm the decision of the Zoning Official, 2nd by Mr. Pugliese.� All in favor: Mr. Pugliese, Mr. Sica, Ms. Bogus, Mr. Lepore, Mr. Candarella, Mr. Laurie, Mr. Picerno, and Mr. Cammarota.�
Application #14-09, Curtis, 7 Commonwealth Road,, Block 90, Lot 1, a variance for a front yard setback on an extended porch with a roof.
Sworn in: Daniel Curtis.� He wants to construct a front porch, increasing 1.5 ft. into the setback.� The width will be increased by 7 ft.� The meeting was open to the Public.� A motion to approve was made by Mr. Sica, 2nd by Mr. Laurie.� All in favor: Mr. Pugliese, Mr. Sica, Ms. Bogus, Mr. Lepore, Mr. Laurie, Mr. Picerno, and Mr. Cammarota.
The applicant can file for permits, and the resolution memoralized on at the January 28, 2010 meeting.
Comments for the Good of the Board:� Mr. Candarella thanked the Board members for their hard work.� In the past, Mr. Beninati handled most of the details of Application submission.� His work was taken for granted for many years, and it has been a difficult transition for the Board.
Mr. Lepore mentioned the re-organization meeting will be held on January 7, 2010 at 7 p.m.
Other comments from the Public:� There were no comments.
Adjournment: The meeting adjourned at 9:00 p.m.
Janet M. Murphy,
Planning Board Recording Secretary
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