Kenilworth planning board memorializes front‑yard fence relief with deed restriction and 90‑day compliance window

The Borough of Kenilworth Planning Board voted to memorialize previously granted front‑yard fence relief for property at 205 North 17th Street, adding a deed restriction and a 90‑day compliance deadline.

Board members said the amendment was intended to ensure the temporary relief granted earlier applies only to the current owner and to make the condition visible to future buyers and title reviewers. The adopted resolution requires the applicant to remove the existing fence from the borough right‑of‑way, and to place any allowed fence no more than 24 feet from the face of the front porch toward the street; the resolution also requires the applicant to record a deed restriction reflecting those conditions and to deliver proof of recording within 90 days of the resolution—s adoption.

Board members and staff discussed multiple ways to make the restriction enforceable. They agreed that a deed restriction is the most reliable mechanism because it appears on title searches and will inform prospective buyers and their counsel; the board directed staff to provide the exact language and include the restriction as a compliance item in the resolution. The board also asked the tax assessor be given a copy of the resolution so that the condition would be flagged in borough records.

Board and staff reviewed survey figures and photographs during the discussion. Staff reported that the distance from the front of the house to the curb is approximately 39.2 feet and that the existing fence sits several feet forward of the property line and within the borough right‑of‑way. The board concluded the practical way to describe the permitted fence location for enforcement is a maximum distance measured from the face of the front porch toward the road; the resolution as amended sets that maximum at 24 feet and requires the fence be outside the borough right‑of‑way.

The board also discussed compliance monitoring. Members noted that routine day‑to‑day enforcement by the building department is difficult and that recording a deed restriction and notifying the tax assessor would create a public record that eases future enforcement. The applicant was advised to consult counsel to prepare the deed restriction language and to work with borough staff on survey confirmation and permit filings before installing the fence.

The resolution was approved as amended by a roll call vote. The motion to approve as amended was made by Mister Mazzeo and seconded by Mayor Karlovich; five members voted in favor, and two members were not present for the roll call.

The board directed staff to prepare the final resolution language and to provide the applicant with the amended resolution promptly so the applicant can pursue the deed restriction and the required permits.