Planning Board Minutes from 05/24/2007

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 2nd 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, 2nd 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 Beninati said the Swanson Application for an addition was being withdrawn, upon request of the applicant.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. 19th 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, 2nd 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 20th 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, 2nd 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. 19th 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

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