Board of Adjustment

Minutes approved: 8-5-19. TENAFLY BOARD OF ADJUSTMENT REGULAR PUBLIC MEETING 7:30 P.M. July 8, 2019 MINUTES ROLL CALL Present: Mr. Brensilber, Mr. Cytryn, Mr. Friedman, Ms. Gilbert, Mr. Lieberman, Mr. Steinhagen, Mr. Kominsky. Absent: Mr. Callahan, Mr. Cho. Also present: Mr. Zenn, Council liaison Menon. 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 APPROVAL OF MINUTES Motion by Mr. Friedman second by Mr. Cytryn to approve the minutes of June 3, 2019. Members Friedman, Cytryn and Kominsky voted in favor the minutes were approved. UNFINISHED BUSINESS Kelly, 71 Gordon Ave – 1201/11. FAR, front yard setback. ZB2019-04. (Rec’d 3/20/19 decision by 7/19/19.) To deny without prejudice. Approved: 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. Motion by Mr. Cytryn second by Mr. Friedman to memorialize the resolution of approval. On a roll call vote members Cytryn, Friedman and Kominsky voted in favor. NEW BUSINESS Noh, 217 W Clinton – 305/23 Front yard setback. ZB2019-09. (Rec’d 6/17/19 decision by 10/15/19.) Present was the owner and her architect. Stevie Noh the homeowner gave her current address and was sworn in. Mrs. Noh said she used to live in Tenafly and currently is in Palisades Park, but is coming back to look after her mother; adding her architect is Uri Rapaport. Mr. Rapaport was sworn in and accepted as an expert in his field. Mr. Rapaport described the lot, its location adding they propose to build a new single family dwelling; the front will face West Clinton Ave and the garage entrance will be on Lylewood Drive; the only variance needed is for a front yard setback on West Clinton Ave, if West Clinton Avenue was 50ft wide no variances would be required, but as the width is 60ft, the front yard setback must be an additional 5ft back as per the code. Marked into evidence as A-1 was a colorized sire plan showing proposed and existing location of the house. -1- Minutes approved: 8-5-19. In response to questions, Mr. Rapaport said the homeowner will decide where the front door faces, he confirmed there are two front yards as the property is on a corner and the size of the building will be 30x57ft; the house will meet the requirements for height and be more compact than the current house. Offered into evidence and marked as A-2 was a colorized page showing the view of the proposed house from West Clinton Ave and Lylewood Drive. There were no questions or comments from the public. Mr. Rapaport gave a brief summary of the application. Motion by Mr. Cytryn second by Ms. Gilbert to go into executive session. All members on a voice vote were in favor. Mr. Cytryn said this seemed to be a modest house with a smaller footprint than the existing house and felt the greenspace was nice. Ms. Gilbert was concerned with the visual, but the new house would be the same length as the existing house, she would be in favor. Mr. Friedman said it is only a 1.2ft ask, other things had been reduced he would be in favor. Mr. Brensilber said it was a good design, he felt it was a huge bulk, and appreciated all comments. Mr. Steinhagen said the house was undersized and on a corner with two front yards which is a disadvantage, he would be in favor Motion by Mr. Cytryn second by Ms. Gilbert to approve the front yard setback variance. Roll Call vote: In favor: Mr. Cytryn, Ms. Gilbert, Mr. Lieberman, Mr. Friedman, Mr. Steinhagen, Mr. Kominsky. Opposed: Mr. Brensilber. Front yard setback variance of 30.5ft approved 6-1. Gershovitz, 105 Hudson – 1402/34 AC units in side yard. ZB2019-11. (Rec’d 6/27/19 decision by 10/25/19) Present for the applicant was Mr. Capizzi, Esq., who said his witnesses would be the owner and the engineer. Mr. Zenn said that his firm does work for Lubavitch on the Palisades and Mr. Gershovitz is employed by the Lubavitch. Board members and Mr. Capizzi said they had no problem with Mr. Zenn continuing as Board Attorney. Mr. Capizzi said a renovation and addition was done to the house and the variance needed is for a/c units placed in the side yard, in response to questions, Mr. Capizzi said it took so long to get here as the Rabbi had to pay COAH, and this is the only item that a variance is needed. Rabbi Gershovitz was sworn in. He said they applied for building permits, but there were no a/c units shown on the plan; his first contractor left the job, and the second contractor put the units where they are now on that side of the house. Sean McLellan of Lantelme, Kurens & Associates, PC was sworn in and deemed an expert in his field. Mr. McLellan he felt this was the best location for the a/c units, the rear yard has three window wells and an overhang and space is limited, the left side of the house has the driveway. -2- Minutes approved: 8-5-19. There were no questions or comments from the public. Motion by Mr. Brensilber second by Mr. Cytryn to go into executive session. All members on a voice vote were in favor. Mr. Brensilber said we see this all the time, the code is abused and feels we have been insulted, this is de minimus and shouldn’t impact anyone. Mr. Cytryn agreed. Motion by Mr. Brensilber second by Mr. Cytryn to approve the location of the a/c units. Roll Call Vote: In favor: Mr. Brensilber. Mr. Cytryn, Mr. Lieberman, Mr. Friedman, Mr. Steinhagen, Mr. Kominsky. Opposed: Ms. Gilbert. Air conditioners in the side yard at 9.1ft approved 6-1. Rubin, 56 N Lyle – 304/26 Side yard setback for pool. ZB2019-10. (Rec’d 6/27/19 decision by 10/25/19) Present for the applicant was his attorney Mr. Capizzi. Mr. Capizzi said what is proposed is a pool measuring 17x34; his witnesses would be the homeowner and engineer. Perry Frenzel, of the firm Azzolina & Feury Engineering, Inc., gave his business address and was sworn in and accepted as an expert in his field. Mr. Frenzel had a Site Plan on the easel that was the same as the one distributed to the Board; he explained the lot is undersized with a width of 50.06ft, the side yard setbacks for a pool are 20ft on each side, which leaves a 10ft wide pool; the pool will be 6ft deep and not affect the ground water situation in that area, the ground water is a moving body of water at about 9ft deep; no other variances will be required. In response to questions Mr. Frenzel said the house to the north is new, no apron is proposed, only a coping of about 6-12”, there is equipment that can be used to bring the pool to the rear of the house despite the fence, the pool equipment meets the code and will be in the rear, most pools that he has done are 20x40 which is functional; there is no restriction on water width, 16ft is minimal this is recreational only. Ms. Gilbert said the date on the As Built is 2015, and if approved her concern is that the applicant may want to come back in a year to add a patio, ask for what you want now. There were no questions from the public for this witness. Daniel Costa, 61 N Lyle Avenue was sworn in. His concern was the wording in the notice, Mr. Zenn explained the notice. Constantine Rigas, 41 N. Lyle Ave was sworn in. He expressed concern about the underground water, and said he has damage to his basement from ground water. He was advised to come to the Building Department and make a complaint. Gloria Layne, 64 N. Lyle Ave was sworn in. Her concern was that she never received the notice and learned about the proposed pool from her neighbors. -3- Minutes approved: 8-5-19. Mr. Capizzi explained the documents he had received back from the Post Office about their attempts to deliver the notice to her address. There were no other comments from the Board. Mr. Capizzi gave a summary of the application. Motion by Mr. Steinhagen second by Ms. Gilbert to go into executive session. All members on a voice vote were in favor. Mr. Steinhagen said the lot is narrow and there could be noise and visual impacts on the neighbors. Mr. Cytryn said this is a small pool on a small lot. Mr. Friedman said the noise of just running around a yard with no pool would probably be about the same. Mr. Brensilber said he felt it over intensifies the use on the lot. Mr. Kominsky agreed. Motion by Mr. Steinhagen second by Mr. Cytryn to approve the side yard setbacks for the pool. Roll Call Vote: In favor: Mr. Steinhagen, Mr. Cytryn, Mr. Friedman. Opposed: Ms. Gilbert, Mr. Brensilber, Mr. Lieberman, Mr. Kominsky. Side yard setbacks for pool denied 4-3. CLOSED SESSION The Board did not go into closed session. ADJOURNMENT Motion by Mr. Brensilber second by Mr. Lieberman to adjourn the meeting. All members on a voice vote were in favor, the meeting adjourned at 9:10PM. Respectfully submitted, Lindsay Graham Board Secretary -4-