Planning Board Minutes from 4/28/2002
 

The following Board Members were present: Mr., Beninati, Mr. Vitale, Mr. Tripodi, Mr. David, Mr. LoForte, Mr. Westbrook, Mr. Schultz and Mr. Lepore. Absent: George Schlenker, Frank Rica, Vincent Rappa and Mr. Pugliese.  The Sunshine Law was read. Mr. Vitale made motion to accept the minutes, 2nd by Mr. Schultz. All in favor. Correspondence was read into the minutes. A letter received from Perrotta, Fraser, Forester & Panitch on behalf of B&R Realty adjourning application until May 23 meeting.

RESOLUTIONS:

 

Resolution for Application #01-02, Dr. Jerome S. Foreman, DMD.  Variance to convert house to office building. Vote was taken Yes: Mr. Beninati, Mr. Westbrook, Mr. LoForte, Mr. Lepore (4 Yes) No: 0 Motion granted.

NEW BUSINESS:

Application #03-02

Mr. Robert Cox

52 North 14th Street

Block 78, Lot 13

Robert Cox was sworn in and gave testimony. This application is for front porch encroachment on front yard setback. Mr. Cox submitted plans. A variance to conform a non-conforming use.

The meeting was opened to the public. No one came forward this portion of the meeting was closed. Mr. David and Mr. Tripodi were excused from the vote. Mr. Vitale made a motion to grant the application. 2nd by Mr. Lepore. Vote was taken. Yes: Mr. Beninati, Mr. Vitale, Mr. LoForte, Mr. Westbrook, Mr. Schultz, Mr. Lepore (6 Yes) No: 0 motion granted.

Application #04-02

Dog Day Care Center

72 Fairfield Avenue

Block 159/ Lot 24

This application is for a variance permitting a dog day care center to be located in an industrial district. Warren Bruder, Esq representing Eleasha Gall.  Mr. Bruder introduced Ms. Gall, who was sworn in. Mr. Bruder asked Ms. Gall some questions.  Ms. Gall stated business will be day time only – no overnight, she stated her previous experience, no business like this in this area, majority of similar businesses in industrial areas, less traffic  - no noise, described building and grounds, no other changes beside fence on side and back, dogs kept in play groups, maximum dogs 30, no overnight, she will have one worker per 10 dogs, veterinarian on call at all times. Deodorizing pellets will be used for odor, hours of business 7am to 7pm, ample parking, dogs would be kept inside all day, dogs would be spayed and neutered.   Mr. Stated that there are residential neighbors behind the location and asked what if a dog got loose. Ms. Gall stated that there would be a fence. Mr. Westbrook asked if she would meet the requirements of the Borough ordinance for fences. Ms. Gall answered yes. Mr. Vitale asked if she would sell dog supplies. Ms. Gall stated no. Mr. Vitale asked if there would be a veterinarian on site or on call. Ms. Gall stated on call. Mr. Schultz asked how often the dogs would be cleaned up after. Ms. Gall stated that it would be cleaned up as needed. Solid waste would be put in dumpster. Picked up twice a week. Mr. Vitale stated it would fall under the domain of the Board of Health if there were a problem. Mr. Beninati asked if a dog day care center was permitted in any zone. Mr. LoForte not permitted in this zone.

The meeting was opened to the public. Tom Noro and Daniel Noro were sworn in. They are concerned over the prospect of having dog care center in neighborhood. There are 12 residents and strongly oppose dog care center. There are other animals in neighborhood. Lower property value. Handed out list of objections. A lot of neighbors work at night. Can’t guarantee dogs won’t bark. Where are the 30 people going to park their card to drop off dogs? Handed out petition and letters from neighbors and local business that couldn’t make meeting.

Ann Marie Cerino was sworn in. 30 dogs in area 3000 square feet. Are they small dogs, large dogs? How will they be kept under control? How do you know that there won’t be a problem with the dogs? 3 people with 30 dogs. Can they be controlled? Not the right area for this business. Children in the area may be able to get over the fence.

Maria Fernandez was sworn in. her house is behind the building. Her dog will go crazy. Her dog is outside in the morning and goes outside from 5pm-9pm. If he barks they bring him back inside. They will not be able to stop him from barking if he smells other dogs. They have a pool they won’t be able to sit in pool without dogs barking and her do barking. Her husband just had a heart attack. He works nights and sleeps during the day. There are no trees, no place to take the dogs out.

Roseann Harankowitz was sworn in. How can they enforce 3 dogs out at a time? What would neighbors do if more than three dogs are out?  Do they have to call police department.

Michael Ciravallo was sworn in. Putting right behind his house. How do you enforce how many dogs are outside. What about weekends and holiday. He works nights. He doesn’t want to hear dogs barking.

Larry Harankowitz was sworn in.  Dropping off 30 dogs in the morning, how do you control the dogs going in and out? Lowering property value.  Neighbors put a lot of money into their homes. Doesn’t want it in his neighborhood.

Gary Butler was sworn in – he owns the building next door. Main concern parking not adequate for that type of business. That building has only 8 parking spot. 15-30 people dropping off dogs, a parking nightmare. 8-year-old son who is afraid of dogs comes in the afternoon.

Mike Backu was sworn in. lies on Woodland. Major concern is traffic. Schering employees also use that street.

Joe Tinnirella sworn in: one person taking care of 10 dogs.

Peter Vandekerk was sworn in 738 Woodland Avenue. Dogs may get loose. Order, noise, safety issues for employees.

Hearing no one else this portion of the meeting was closed.

Mr. Loughlin stated that it is not permitted in industrial area. Not a permitted use in any zone in Kenilworth. Ordinance 197-55A&B was read.  The applicant has burden of establishing that this is a particularly suitable use for the property and that those two particular sections of the ordinance would not be a problem by way of creation of conditions and the board would find based on the hearing of the case would create any objectionable physical condition or subsection B points out would have any negative impact or harmful effect on the neighboring residential properties.

Mr. LoForte made motion to deny application based on conditions Mr. Lockland stated. Mr. Schultz 2nd, Mr. Tripodi and Mr. David were excused.  Vote was taken yes: Mr. Beninati, Mr. Vitale, Mr. LoForte, Mr. Westbrook, Mr. Schultz, Mr. Lepore (YES 6) NO 0.   Motion to deny application granted.

Application #02-01

Elshiekh Corporation for E.Tomaso

410 Lafayette Avenue

Block 4. Lot 24, Sub-division of lot

This application is for minor subdivision approval. The attorney representing Elsheikh Enterprises was Joseph Paparo, Esq. from the law firm of Hehl and Hehl.  The applicant is the contract purchaser.  Subdivide property into two conforming lots.  Two single-family homes will be built. Two lots 50X100.  Harry Elsheikh was sworn in. He is representative of Elsheikh Enterprises.  Subdivide lot to build two single-family homes. He will knock down existing home and build two homes facing North 16th street.

Meeting was opened to public.  Robert Colandria was sworn in. is this a done deal. Is the property already bought? They will rip down the house. Opposes because there isn’t much property left in town.

Mr. Westbrook pointed out this application is a simple subdivision.

Mr. Vitale pointed out that it is the law to allow him to subdivide into two 50x100 lots.

Mr. Vitale made motion to approve application. Mr. LoForte 2nd. Vote was taken. Yes: Mr. Beninati, Mr. Vitale, Mr. David, Mr. LoForte, Mr. Westbrook, Mr. Schultz, Mr. Lepore (7 YES) No: 0 motion granted.

Mr. Westbrook stated that Mr. Disko dropped off letter in reference to lights at field at the request of Councilman David. Mr. Disko made an inspection at little league field. No problem with lights.

Comments for the good of the board.  Mr. Vitale let the board know the status of Mr. Schlenker.

Mr. Beninati made motion to adjourn the meeting 2nd by Mr. Westbrook.  All in favor. The meeting was adjourned at 9:45pm.

Respectfully submitted,

Karen L. Homfeister

Recording Secretary



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