Borough of Kenilworth

June 25, 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 and also the Attorney for the June 4^th �Special Meeting Agenda and Minutes.

Roll Call:� Mr. Lepore, Mr. Pantina, Ms. Bogus, Mr. Herbert, Mr. Cirillo, Mr. Pugliese, Mr. Sica, Mr. Laurie, Mr. Picerno, and Mr. Cammarota. Absent: Mr. Herbert, Mr. Pugliese..� 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.

Resolutions. �Application #308 & 2-09,Townsquare Land Holding/Consolidated Steel & Alum Fence Co, 316 N. 12^th Street, Block 9, Lot 1, Site Plan & Variance/ exceeding Maximum lot coverage.� A motion to approve this resolution was made by Mr. Sica, 2^nd by Ms. Bogus.� All in favor:� Mr. Cirillo, Mr. Sica, Ms. Bogus, Mr. Pantina, and Mr. Lepore.

Application #307 & 1-09, Hartmann, RE:� 530 N. Michigan Ave., Block 3, Lot 2, a Site Plan and Use Variance/ retail business (landscaping supplies) in an Industrial zone �Note: All resolutions that require County approval are not in effect until such approval is given.�� A motion to approve this resolution was made by Mr. Sica, 2^nd by Ms. Bogus.� All in favor:� Mr. Cirillo, Mr. Sica, Ms. Bogus, Mr. Pantina, and Mr. Lepore.

Application #4-09, Laversa, 30 N. 18^th Street, Block 54, Lot 11, a variance/ two-family in an R-2 zone.� A motion to approve this resolution was made by Ms. Bogus, 2^nd by Mr. Picerno.� All in favor: Mr. Sica, Ms. Bogus, Mr. Lepore, Mr. Laurie, and Mr. Picerno.

New Business: Application #5-09, Rahnenfuher, 21 Park Drive, Block 89, Lot 12, a variance for the front setback in an R-2 zone� Mr. Rahnenfuher wants to upgrade his porch and awning for his elderly mothers� use.� Mr. Pantina said the new sketch given by the applicant does not show porch dimensions.� The present front setback is non-conforming (approximately 20� 4�).� The present size of the porch is 5� x 16�, and the new proposal is to be 5� x 30�, and will extend beyond the width of the house.� A gazebo will be in line with the porch.� Mr. Pantina suggested the new proposed porch is too wide, and Mr. Laurie questioned the need for the extra 4� beyond the house line.� Mr. Cirillo suggested this request is not a true �hardship�.� Mr. Picerno asked if the house has a finished basement.� The applicant said it does not.� The discussion is open to the public.�

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Sworn in:� Mr. Scott Rahnenfuher, brother of the applicant.� He explained the extra 4� porch extension is for easy access to the gazebo to accommodate his 87 year old mother.� It will also enhance the appearance of the neighborhood.� Mr. Pantina suggested the gazebo be placed in the back of the house.� The witness said presently, there is a garage and Air Conditioning unit in the rear, and the space is limited.� Mr. Pantina reminded the applicant that he is asking to exacerbate a pre-existing condition.� Mr. Picerno asked if the applicant intends to create another door to access the gazebo.� The applicant said no.�

A motion to approve this application to resolution was made by Mr. Sica, 2^nd by Ms. Bogus.� All in favor:� Mr. Cirillo, Mr. Sica, Ms. Bogus, Mr. Lepore, Mr. Laurie, and Mr. Picerno.� Opposed: Mr. Pantina.

Comments for the Good of the Board :� Mr. Cirillo had a question about Ordinances 2009-12 and 2009-13 (regarding dumpsters).and the enforcement of these Ordinances by the town building inspector. ��A discussion of these ordinances ensued, since there are no Work Sessions in July and August.�

Suggestions to a revise these ordinance changes ensued.� Mr. Tripodi �stated �PODS� and dumpsters� must be registered (re: ordinance� #197-25).� Chapter 170 regulates dumpsters in the public rite-of-way.

Construction debris and restaurant /household waste should be treated separately.�

Mr. Pantina suggested the Board should send a memo to the Council concerning possible changes to the wording of� Ord.#2009-12 and� #2009-13.� Mr. Lepore questioned restaurant dumpsters.� Mr. Picerno suggested dumpsters that have degradable debris should be closed at all times.� Ms. Bogus said there may be an existing ordinance that restricts such dumpsters� to be placed several feet away from the side or back of a building.�

Mr. Lepore suggested all dumpsters be covered after 10 p.m. to correspond with the present noise ordinance.� After discussion, a suggestion was made to send a letter to the Mayor and Council requesting the following changes� RE: Ord. #2009-12:D:� Dumpsters containing bio-degradable materials be covered at all times; and RE:� Ord.. #2009-13G:� All dumpsters on the public right of-way should be covered from 10 p.m. until 7 a.m..�

A motion to change Ordinance #2009-13 (to reflect the above suggestion) was made by Mr. Pantina, 2^nd by Mr. Picerno.� All in favor.� A motion to change Ordinance #2009-12 (to eliminate paragraph D) was made by Mr. Pantina, 2^nd by Mr. Picerno.� All in favor.�

Note:� Food and Restaurant waste dumpsters are regulated by the Board of Health.

Discussion regarding applications:� Mr. Picerno, Mr. Laurie, and Mr. Pantina discussed a possible checklist for new applicants. Mr. Pantina quoted some suggestions from Mr. Beninati. �This new checklist should be easy to read.� Mr. Tripodi said there is a sample checklist in the COX zoning and land use ordinance.� Mr. Lepore said a draft of an applicant checklist should be shared with Mr. Herbert and Mr. Cammarota.� Mr. Herbert and Mr. Cammarota are working on revising the original applications.� Mr. Picerno said, in addition to a checklist, the application itself should be easier to understand.� Mr. Pantina said all �use� applications should require the help of the Board planner.�

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Adjournment:� The meeting adjourned at 930 p.m.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary