Board of Adjustment

Minutes approved: 01-06-2020 TENAFLY BOARD OF ADJUSTMENT REGULAR PUBLIC MEETING 7:30 P.M. November 4, 2019 MINUTES ROLL CALL Present: Mr. Brensilber, Mr. Callahan, Mr. Friedman, Ms. Gilbert, Mr. Kominsky, Mr. Steinhagen. Absent: Mr. Cho, Mr. Cytryn, Mr. Lieberman. 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 Letters from Mr. Gorsky, Esq attorney for Mr. Adler in opposition to Brill, 292 Engle St, and letter from Mr. Jaworski attorney for Brill to carry the hearing to December 2. The Board were in agreement, the application was carried to December 2, with no further notice required by the applicant. APPROVAL OF MINUTES Motion by Ms. Gilbert second by Mr. Friedman to approve the minutes of October 7, 2019. All members who had been present at the meeting voted in favor, the minutes were approved. UNFINISHED BUSINESS Approved: Rubin, 56 N Lyle Ave – 304/26 Side yard (17.5ft) for pool. ZB2019-17. (Rec’d 8/28/19 decision by 12/26/19.) Motion by Ms. Gilbert second by Mr. Friedman to memorialize the resolution. Members Gilbert, Friedman and Callahan voted in favor; the resolution was memorialized. Approved: Koo, 108 County Rd – 1601/29 Expansion of a non-conforming use. ZB2019-18. (Rec’d 9/26/19 decision by 1/24/20.) Motion by Mr. Friedman second by Ms. Gilbert to memorialize the resolution. Members Friedman, Gilbert, Callahan and Kominsky voted in favor; the resolution was memorialized. NEW BUSINESS Continued from October 7: Alvator, 142 Windsor Rd – 606/14 Impervious coverage. ZB2019-08. (Rec’d 9/25/19 decision by 1/23/20.) The homeowner Jason Alvator was present, and was advised by Mr. Zenn that he was still under oath as he had been sworn at the October meeting. Mr. Alvator said he hired home and Hearth to expand -1- Minutes approved: 01-06-2020 the existing deck, this was denied in Zoning; the contractor suggested a patio which he thought would not count to coverage. Mr. Alvator said he was a new homeowner and really did not understand needing permits and the process; he was issued a summons for building a patio without a permit and paid the fine, thinking it would all go away and everything was taken care of. In response to questions from the board, Mr. Alvator said the small set of pavers to the right the grill is on, he said he would be willing to remove those pavers approximately 96SF; the shed has children’s toys, the lawn mower and other stuff, the pavers are cemented down, he did not know if there was a seepage pit in the rear yard. There were no questions from the public. In summation Mr. Alvator felt responsible and apologized for not fully understanding the permit process; he wanted to make it right. There were no comments from the public. Motion by Mr. Callahan second by Ms. Gilbert to go into deliberative session. Mr. Callahan said the patio looks good and did not feel there was any need to rip any of it out. Mr. Steinhagen felt there was no need to remove some, he was willing to approve it if there was a seepage pit already installed, if there wasn’t one, he felt one should be put in. Mr. Zenn questioned the discrepancy of the impervious coverage numbers between the zoning denial and the As Built survey. Mr. Kominsky said he would support the application as it was presented. Ms. Gilbert said the installation of a seepage pit would cost more than the removal of some pavers, it is a small overage and she would support the application as presented. Mr. Brensilber had concerns that anyone can do anything on their property, he could vote either way. Mr. Friedman suggested removal of the 96SF where the grill is. Motion by Mr. Callahan second by Ms. Gilbert to approve the application as presented. Roll call vote: In favor: Mr. Callahan, Ms. Gilbert, Mr. Friedman, Mr. Steinhagen, Mr. Kominsky. Opposed: Mr. Brensilber. Impervious coverage variance approved 5-1. Farber, 46 Norman Pl – 902/6 Two side yard setbacks – 10.23ft and 11.28ft. ZB2019-19. (Rec’d 10/21/19 decision by 2/18/20.) Rebecca Susan Farber the homeowner was sworn in. Her witness would be Gary Irwin, R.A., P.P.. Mr. Irwin gave his business address, background and experience and was accepted as an expert in his field. Mr. Irwin explained the applicant proposes a rear addition to the house as shown in red on the submitted plans; the existing side yard setbacks (11.42ft and 10.09ft) do not conform to the required 15ft -2- Minutes approved: 01-06-2020 setbacks; the proposed addition will consist of a deck on the first floor and two additional bedrooms on the second floor, two side yard setbacks for the proposed addition will be 10.23ft and 11.28ft. Mr. Irwin said the hardship is the 50ft lot width at the setback. Mr. Irwin explained that the owners were only doing the addition for what they needed; there would be no impact on the neighbors and the proposed addition does not encroach any more into the side yards; in his opinion the lot could handle the increase. In response to questions from the board, Mr. Irwin said there is no garage on site, he confirmed the hardship is the 50ft lot width, he was not sure if the sitting room on the second floor would be used as a bedroom. Ms. Farber said if they needed to use the sitting room as a bedroom they would, but it is intended as an area for relaxing. There were no questions from the public. Mr. Friedman asked about the optional A/C unit located on the west side of the house which is in the setback. Mr. Irwin said they would comply with the setbacks for A/C units. There were no comments from the public. Mr. Irwin gave a brief summary of the application. Motion by Mr. Steinhagen second by Mr. Friedman to go into deliberative session. All members on a voice vote were in favor. Mr. Steinhagen said he was in favor. Mr. Brensilber said there seems to be a lot of work all in one place, an over intensification, they are adding 620SF and no garage. Mr. Kominsky said due to the lot width variances are needed. Mr. Friedman said they are extending the house straight back, he is in favor. Motion by Mr. Steinhagen second by Ms. Gilbert to approve the side yard setback variances. Roll call vote: In favor: Mr. Steinhagen, Ms. Gilbert, Mr. Brensilber, Mr. Callahan, Mr. Friedman, Mr. Kominsky. Opposed: None. Side yard setback variances of 10.23ft and 11.28ft approved 6-0. Brill, 292 Engle St – 1503/41 Rebuild garage. ZB2019-12. (Rec’d 10/22/19 decision by 2/19/20) Carried to December 2nd, with no further notice required. Singer, 114 Westervelt Ave – 801/7 Hot tub not in rear yard. ZB2019-20. -3- Minutes approved: 01-06-2020 Notice not published in time, must re-notice for December 2nd. ADJOURNMENT Motion by Mr. Brensilber second by Ms. Gilbert to adjourn the meeting. All members on a voice vote were in favor the meeting was adjourned at 8:22PM. Respectfully submitted, Lindsay Graham Board Secretary -4-