The Kenilworth Borough Planning Board on a recorded vote approved an amended resolution permitting a front‑yard fence at 205 North Seventeenth Street, contingent on a recorded deed restriction and steps to bring the fence out of the borough right‑of‑way within 90 days of the resolution’s adoption.

The decision follows the board’s June hearing, when members granted relief focused on the applicant's specific circumstances. Board attorney Michael Rago and members debated how to make the relief enforceable for future owners; the board directed that the applicant record a deed restriction and added a measurement standard for where the fence may stand.

Why it matters: The board voted to allow an otherwise nonconforming fence in this case while restricting future transfers of the benefit. The deed restriction is intended to ensure the fence must be removed upon sale or when the original need no longer exists and to give the borough a documented means to enforce the condition.

Key points: The board amended the resolution to require the applicant to record a deed restriction and to complete compliance within 90 days of the resolution’s adoption. The board settled on a maximum depth for the fence of no more than 24 feet from the front face of the house toward the road; the condition was written to keep the structure out of the borough right‑of‑way and to define a measurable standard for permit review.

The applicant, who identified himself as Quintin Rodriguez Harrison, was told by board members that he must obtain a survey to place the fence in the permitted location and consult counsel to prepare and record the deed restriction. Board staff and the tax assessor will receive the resolution so the condition is visible to future title searches and assessments.

Discussion versus action: Board members debated how enforcement would operate if a future owner failed to remove the fence; they discussed options including recording a deed restriction at the county courthouse and notifying the tax assessor. After deliberation, the board approved the resolution as amended. The motion to approve the amended resolution was made by Maggio and seconded by Mayor Karlovich; the roll call recorded votes in favor as shown in the meeting record and the resolution was memorialized.

Next steps: The applicant was instructed to deliver the deed‑restriction language and final specifications promptly so staff can finalize the resolution and issue permit guidance. The board recorded the compliance deadline as 90 days from adoption.