Board of Adjustment

Minutes approved: 07-08-2019 TENAFLY BOARD OF ADJUSTMENT REGULAR PUBLIC MEETING 7:30 P.M. June 3, 2019 MINUTES ROLL CALL Present: Mr. Cho, Mr. Cytryn, Mr. Friedman, Mr. Kominsky. Absent: Mr. Brensilber, Mr. Callahan Ms. Gilbert, Mr. Lieberman, Mr. Steinhagen. Also present: Mr. Zenn. OPEN PUBLIC MEETINGS ACT STATEMENT Chair Kominsky read the Open Public Meetings Act Statement: “In compliance with the Open Public Meetings Act P.L. 1975, chapter 231, the notice requirements have been satisfied. Notice for this meeting date was published in the Record on December 27, 2018, posted on the bulletin board in the lobby of the Municipal Center and posted to the municipal web site.” COMMUNICATIONS May 15: Letter received from Board Attorney re: Brief filed in Zafar v. Zoning Board. May 31: Letter received from Mr. Capizzi withdrawing the application of 71 Gordon Ave, ZB2019-04. APPROVAL OF MINUTES Motion by Mr. Friedman second by Mr. Cho to approve the minutes of May 6, 2019. All members on a voice vote were in approval, the minutes were approved. UNFINISHED BUSINESS Denied: Frid, 40 N Browning Ave – 303/25 Impervious coverage, pool equipment in side & rear yard. ZB2019-05. Motion by Mr. Cho second by Mr. Friedman to memorialize the resolution. Members Cho, Friedman, Cytryn and Kominsky voted in favor. There were none opposed. Approved: Sansotta, 21 Lawrence Ct – 1808/4. Side yard setback – 12.6ft. ZB2019-06. Motion by Mr. Friedman second by Mr. Cytryn to memorialize the resolution. Members Friedman, Cytryn and Kominsky voted in favor. None opposed. Carried from April 1, 2019: Kelly, 71 Gordon Ave – 1201/11. FAR, front yard setback. ZB2019-04. (Rec’d 3/20/19 decision by 7/19/19.) **(Revised plans received 5/24/19.) **Withdrawn 5/31/19. Motion by Mr. Friedman second by Mr. Cho to approve the withdrawal of the application without prejudice. Members Friedman, Cho, Cytryn and Kominsky voted in favor. None opposed. NEW BUSINESS Juhng, 38 Park St – 1605/22 Combined side yard 30ft required, proposed - 29.1ft; Side yard required 15ft, proposed - 10.8ft for mechanicals. ZB2019-07. (Rec’d 5/24/19 decision by 9/21/19.) -1- Minutes approved: 07-08-2019 Present for the applicant was Mr. Capizzi. After much discussion between the board and Mr. Capizzi the applicant said he would proceed with only four board members present. Mr. Capizzi described the lot, its area and shape, adding the owners planned a second floor addition of a master bedroom suite that was designed to conform to the side yard, but the ordinance was recently changed and now side yard variances are need. Mr. Capizzi said his witness would be the architect Raul Mederos of Imagen Architecture. Raul Mederos gave his business address was sworn in and accepted as an expert in his field. Mr. Mederos said the plans on the easel are the same as those submitted to the board. Two variances are required, one for a combined side yard 29ft, and the other for the mechanical equipment to be in that same side yard at 10.8ft; this is a second story addition only that will be setback to conform at the 15ft required as shown on Page A-06; there is no additional impervious coverage, the cantilever is in the rear only. In response to questions about the placement of the mechanical equipment, Mr. Mederos said they did look at the alternatives, and felt this is the best location, the rear of the house has French doors, the front of the house has low windows it is a family room; he offered a photo of that side of the house that was marked A-1, the side of the house near the driveway would be difficult as the driveway is there and there is not much room to maneuver. He reiterated that this side yard is best; the landscaping that is there will remain, and there really is no other location, this side of the house there are no windows, and that situation will remain. There were no further questions from the Board, nor were there questions from the public. Jeremy Pink, 39 Park Street, was sworn in. Mr. Park said he lives across the street and would prefer to look at the front of the house than the A/C units, he felt the side yard would be visually better and was in favor of the application. There were no further comments from the public or Board. Mr. Capizzi gave a summary of the application, and asked the Board if they could vote separately on the variances, one for the addition and one vote for the mechanical units. Motion by Mr. Cytryn second by Mr. Friedman to go into deliberative session. All members on a voice vote were in favor. Mr. Cho said he felt the variances were de minimus, the side yard is the most natural place for the mechanical units, he was not sure about access to the rear on that side of the house, but the owners will work that out. Mr. Friedman agreed, the side is a natural spot, and the neighbors units are adjacent to these. Mr. Cytryn said it is a beautiful house, and supported what is proposed, adding it is a great investment. Mr. Kominsky was not happy with the mechanical units on the side, they could be seen from the front. Motion by Mr. Cho second by Mr. Cytryn to approve the combined side yard of 29ft. Roll Call Vote: In favor: Mr. Cho, Mr. Cytryn, Mr. Friedman, Mr. Kominsky. Opposed: None. -2- Minutes approved: 07-08-2019 Combined side yard setback of 29ft approved 4-0. Motion by Mr. Cytryn second by Mr. Cho to approve the placement of the mechanical units in the side yard requiring a variance of 10.8ft. Roll Call Vote: In favor: Mr. Cytryn, Mr. Cho, Mr. Friedman, Mr. Kominsky. Opposed: None. Side yard setback of 10.8ft for mechanical units approved 4-0. CLOSED SESSION The Board will go into closed session for the Board Attorney to give update on Adler v. Board of Adjustment. The Board did not go into closed session as there would not have been a quorum once Mr. Kominsky recused himself. The Attorney would update the Board at the next meeting. ADJOURNMENT Motion by Mr. Friedman second by Mr. Cho to adjourn the meeting. All members on a voice vote were in favor the meeting adjourned at 8:55PM. Respectfully submitted, Lindsay Graham Board Secretary -3-