Board of Adjustment

Minutes approved: 9/9/19 TENAFLY BOARD OF ADJUSTMENT REGULAR PUBLIC MEETING 7:30 P.M. August 5, 2019 MINUTES ROLL CALL Present: Mr. Cho, Mr. Cytryn, Mr. Friedman, Ms. Gilbert, Mr. Lieberman, Mr. Steinhagen, Mr. Kominsky. Absent: Mr. Brensilber Mr. Callahan. 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 Ms. Gilbert second by Mr. Steinhagen to approve the minutes of July 8, 2019. All members who had been present voted in favor, the minutes were approved. UNFINISHED BUSINESS Approved: Noh, 217 W Clinton – 305/23 Front yard setback 30.5ft. ZB2019-09. Motion by Mr. Friedman second by Mr. Cytryn to memorialize the approval. Members Friedman, Cytryn, Gilbert, Lieberman, Steinhagen and Kominsky voted in favor. Approved: Gershovitz, 105 Hudson – 1402/34 AC units in side yard 9.1ft. ZB2019-11. Motion by Mr. Friedman second by Mr. Lieberman to memorialize the approval. Members Friedman, Lieberman, Steinhagen, Cytryn and Kominsky voted in favor. Denied: Rubin, 56 N Lyle – 304/26 Side yard setbacks 16.5ft for pool. ZB2019-10. Motion by Ms. Gilbert second Mr. Lieberman to memorialize the denial. Members Gilbert, Lieberman and Kominsky voted in favor. NEW BUSINESS Alvator, 142 Windsor Rd – 606/14. Impervious coverage 5096SF (4775SF permitted) ZB2019-08. Present was Mr. Alvator who asked for the application to be carried to the September meeting as there had been a mix up with him noticing in the City of Englewood. The application was carried to the next meeting September 9th. -1- Minutes approved: 9/9/19 Singh, 69 Windsor Rd – 603/30 Side yard setback 8.64ft and 12.3ft, combined side yard 20.94 proposed (26’ required) ZB2019-13. (Rec’d 7/26/19 decision by 11/23/19.) Mr. Kominsky recused himself from hearing the application, Mr. Cytryn took the Chair. Present were the homeowners Christine and David Singh, and their architect Chris Blake; who were sworn in individually by Mr. Zenn. Mr. Blake said the house was purchased about 20 years ago, the room on the east side of the house is small measuring 8.5ft by 17ft; there is also a fireplace that extends about two feet into the room, the homeowners do not use the room very much due to its size and due to the recent warm, humid weather the room now has mold; several mold remediation companies were contacted for estimates to remediate. All companies said their best advice is to remediate and then demolish that room. The homeowners felt that to demolish the room they could start again and build a useable room for the family; they also propose adding a master bath and walk in closet on the second floor; there is mature landscaping on that side of the property (east) and he did not feel the proposed addition would be more visible from the street, the neighbor to the east side is 15ft away from the property line; no other variances are required other than a side yard setback. Mrs. Singh said she felt the hardship is that the existing room is only 6ft wide with a two foot intrusion by the chimney, she felt it was a hardship to a family of four, a lack of space, and making a larger space that could be used by the family and for promoting education with an area for homework and studying by all members of the household; the new siding would be consistent with the neighborhood. In response to questions from the board, Mr. Blake said the existing room is 8.5ft wide, with a 2ft intrusion by the chimney, the room is slab on grade; there is no other location for this proposed room, the pool is in the rear and the existing setback on the west side of the property is 12ft; the neighbor to the east is 15ft away from the property line; the mold happened as the space was not being used, the door was closed and due to the recent weather the mold grew; the mold has now been remediated and the remediation company suggested the room be demolished to ensure the mold is gone; the house was checked for mold and several sheets of sheetrock were removed from the room next to this, and the mold has now all been remediated. Mr. Blake explained the existing house is small with three bedrooms and one and a half baths, he did not feel it was a big ask for a reasonable addition. Mrs. Singh said it is not extravagant, it is a walk-in closet and bathroom being added to a 1929 house, they would like to do everything at once not step by step; in response to other questions, she added the proposed first floor room will be multi-functioning, for the family and with desks for home work and studying and relaxing. There were no further questions from the Board, nor were there any questions or comments from the public. Mr. Blake offered his apologies and said he had to leave to go to another meeting. Motion by Mr. Steinhagen second by Mr. Lieberman to go into executive session. All members on a voice vote were in favor. Mr. Friedman said he had not fully decided, and would welcome hearing other comments. Mr. Cho said he felt the addition made sense and the house would be more useable for this family, he did not have a problem with the addition. -2- Minutes approved: 9/9/19 Ms. Gilbert agreed, the chimney also juts into the room by two feet, and shaving a foot or two from the addition will not change the appearance, there are no violations, she did not have any trouble with the application and would be in favor. Mr. Steinhagen said they have met the positive criteria, but was not sure they satisfied the negative criteria, and was not sure there was nowhere else to put the addition. Mr. Lieberman said we live differently now that we did, and did not think they could make it smaller, the space is needed. Mr. Cytryn said he was torn, and drove past several times wondering if the addition would be too big, and if we say no he wondered what other choices the applicant would have. Motion by Ms. Gilbert second by Mr. Cho to approve the side yard variance. Roll call vote: In favor: Ms. Gilbert, Mr. Cho, Mr. Lieberman, Mr. Steinhagen. Opposed: Mr. Friedman, Mr. Cytryn. Side yard setback approved 4-2. Motion by Ms. Gilbert second by Mr. Friedman to close the meeting and go into closed session. All members on a voice vote were in favor, the meeting was closed at 8:20PM. CLOSED SESSION Motion by Ms. Gilbert second by Mr. Friedman to close the closed session and return to the public meeting. All members on a voice vote were in favor. ADJOURNMENT Motion by Ms. Gilbert second by Mr. Friedman to adjourn the meeting. All members on a voice vote were in favor, the meeting adjourned at 8:35PM. Respectfully submitted, Lindsay Graham Board Secretary -3-