Board of Adjustment

Approved minutes 12/02/2024 Tenafly Board of Adjustment Regular Meeting November 4, 2024 7:30 pm MINUTES OPEN PUBLIC MEETINGS ACT STATEMENT: Chairperson Kominsky read the Open Public Meetings Act Statement: “In accordance with the provisions of the Open Public Meetings Act P.L. 1975, chapter 231, adequate notice has been made of this meeting by sending the same to The Record and The Star Ledger. Posting said notice on the public bulletin board in the lobby of the Municipal Center, posted to the Municipal Web-Site, and filing said notice with the Tenafly Municipal Clerk, all which occurred within 10 days for the calendar year of 2024. Additionally, Amended and Restated Notice of Annual Meetings of the Zoning Board of Adjustment notice has been made of this meeting by sending the same to The Record and The Star Ledger. Posting said notice on the public bulletin board in the lobby of the Municipal Center, posted to the Municipal Web-Site, and filing said notice with the Tenafly Municipal Clerk, all which occurred on December 20, 2023.” ROLL CALL: Present: Mr. Friedman, Mr. Callahan, Ms. Farkas, Mr. Kominsky Absent: Mr. Brensilber, Mr. Cytryn, Mr. Lieberman, Dr. Paskhover (Recused), Ms. Toro Also Present: Mr. Zenn, Mr. Coder, Mr. Hals, Mr. Novak, Mr. Capizzi, Mr. McClellan, Mr. Rappaport, Mr. Pessolano, Mr. Wine, Mr. Menon, Mr. & Ms. Muallem, Mr. Avnery, Mr. Mermelstein, Ms. Peterson APPROVAL OF MINUTES: Minutes of September 16, 2024 A motion was made by Mr. Friedman and seconded by Ms. Farkas to approve the minutes for September 16, 2024. A voice vote carried the motion. All were in favor; none were opposed. REQUEST FOR EXTENSION: Prime Property Realty Group, 15 Ravine Road ZB-2023-06 Letter requesting an extension of the Board’s approval to construct a single family dwelling. The Resolution of approval was granted on April 3rd, 2023. The property was then placed on the market. The new owners are requesting an extension due to the timing of the purchase and the transaction of ownership. A motion was made by Mr. Friedman and seconded by Ms. Farkas to allow a six month extension to start work due to the reasonable circumstances. All were in favor; none were opposed. UNFINISHED BUSINESS: No unfinished business. NEW BUSINESS: Henry & Cindy Kasindorf, 83 Woodland Street ZB-2024-08 2 Story extension to existing single family house. 1.) Minimum side yard setback 20’ required – 10.4’ proposed 2.) Combined side yard setback 27% required – 22.4% proposed 3.) Maximum impervious coverage 25% maximum – 35.94% proposed; 33.83% existing 4.) Front yard driveway coverage – 30% maximum -33.86% proposed; 38.09% existing (Received 07/23/2024 Decision by 01/16/2025) Mr. Wine, of Prime & Tuvel Law, requested that his client’s application be adjourned until the December 2, 2024 meeting due to the amount of board member present at tonight’s meeting. The Board agreed to grant the adjournment of the application without notice to the December 2nd meeting. Sasson Muallem, 128 Hickory Avenue ZB-2024-5 - Continued from September 16, 2024 meeting New Proposal is to construct a new one story dwelling. 1.) Minimum front yard setback (Cortlandt Place) – 25’ minimum required, 8.6” existing and 14.8’ proposed. 2.) Maximum FAR – 37.5% maximum allowed, 39.6% proposed. 3.) Minimum side yard setback for generator – 10’ minimum, 6.5’ proposed (Received 06/13/2024 Decision by 11/06/2024) Mr. Kominsky, Board Chairman, stated the application for 128 Hickory will be heard tonight with the understanding that it will not be voted on until the December 2, 2024 meeting. Mr. Capizzi, the attorney for the applicant, stated that they were before the board in September of this year. At that time they presented an application for a new two family dwelling. They asked for and were granted a continuance to revise the plans, and are here tonight to present revised plans for a new single family dwelling. Mr. Zenn clarified that the application is only being heard tonight and will be voted on at the December 2, 2024 meeting when there will be more board members present. The non-present Board Members will have the opportunity to watch recordings of the September and November meetings and will be able to vote on the application. Mr. Capizzi stated the application has a FAR variance as part of the relief being sought. He agrees to the presentation of the application at tonight’s meeting and to having the vote at the December meeting when more Board members will be present. Mr. Capizzi went on to explain that the property at 128 Hickory Ave in in the R-75 zone. It has frontage along Hickory to the north and along Cortlandt to the west. It is an undersized lot in area. It is 6,000 sq. ft. in area where 7500 sq. ft. is required for that zone. The property has a width of 50’. The new revised plans will remove a few of the non-conforming conditions that are already present with the existing house. Mr. McClellan who was previously sworn in as an expert in civil engineering remained under oath. He presented site plans dated March 4, 2024 and last revised on Oct 22, 2024, which were marked as exhibit A6. Mr. McClellan stated the revised plans are for a new single family dwelling with a two car garage and with a driveway that will also fit two additional cars. They are now conforming on the front yard setback on Hickory Ave of 30’ where 30’ is required. They stepped back the garage to allow for an 18’ driveway so two cars can park in it. The building coverage is conforming at 24.4%, where 25% is required. The impervious coverage is also now conforming at 35% where 45% is allowed. The current impervious coverage is at 47%, so they are greatly reducing on the current conditions. He also stated that a 4’ solid vinyl fence will be constructed on the easterly side of the property from the back left building corner and run along the back property line. This will help screen the A/C and generator pads. There will also be 6-8’ Arborvitaes that will be planted to help with the screening. Mr. Capizzi questioned if the drainage plans that were originally proposed have changed. Mr. McClellan state the proposed drainage plans will remain the same. This is an improvement over the existing conditions, where there is no drainage system. Mr. Capizzi asked if the offset of the driveway to the intersection is now in accordance with Mr. Hals’ recommendations. Mr. McClellan stated yes the driveway is just over 50’ away from the intersection. Questions from the Board: Mr. Hals questioned the testimony regarding the generator pad stating that the pad is not shown on the revised plans. Mr. McClellan stated there will be two A/C pads and one generator pad, which was mistakenly left off the revised plans. Mr. Hals stated the generator pad should be clearly stated on the plans if the application is approved Mr. McClellan stated they will show the exact location of the generator pad on the revision. Mr. Zenn questioned if all the pads will be placed 6.5’ away from the rear property line. Mr. McClellan stated yes. Mr. Novak questioned if the Arborvitaes will be green giants. Mr. McClellan stated they will be and they will be planted at a height of 6-8’ Mr. Novak asked for confirmation that the driveway was 18’ long, Mr. McClellan stated the driveway will be 18.2’ long. Questions from the public: None. Mr. Rappaport, who was previously sworn in as an expert in the field of architecture, remained under oath. He presented revised plans dated October 14, 2024, they were marked as exhibit A7. The revised plans show a one family house with a two car garage. He explained the four bedrooms on the second floor are all very modest in size. The basement will contain another bedroom, bathroom, a playroom and a gym. Next he displayed a zoning analysis of the property. The drawing on the right showed the building envelope of the property. He explained that it is almost impossible to build a house using this envelope. The drawing on the left showed how the proposed house would fit into that envelope and the area that they are asking for the setback variance relief along Cortlandt Place. The exterior of the house will be hardy plank mixed with cement board to create a contrast. Mr. Rappaport next displayed a street elevation diagram, which was marked as exhibit A9. This drawing showed the first and second floors as well as a street view of the house. The second floor had an area marked in orange showing how big the area would be in FAR overage. He state that if it had to be removed it would dramatically affect the size of the bedrooms upstairs, and went on to show that from the street view the overage did not affect the neighbors as it was over the first floor. Questions from the Board: Mr. Friedman questioned since the house is being built from scratch would it not have been possible to design it not needing the FAR variance. Mr. Rappaport stated he believes this is a reasonable application. He stated that in Tenafly this is considered a very modest house. Mr. Novak questioned if there would be a cooking facility in the basement. Mr. Capizzi stated no Questions from the public: None Mr. Pessolano, who was previously sworn in as an expert in the field of professional planning, remained under oath. He feels the changes made to the revised plans echo the concerns of the Board from the September meeting. He stated this is a modest design for this property, and the design will allow for light and air for the neighbors. The proposed house is still smaller than some of the other houses in the neighborhood. He feels the house will be a great fit. Questions from the Board: Mr. Friedman questioned why a new house without a FAR variance can’t be built. Mr. Pessolano replied he doesn’t feel a new house that is under the FAR is a good match for the neighborhood because there are structures around this home that are larger. He stated that if the home is on par with the homes around it, he feels they are doing the right thing in achieving greater neighborhood harmony. Mr. Friedman questioned if a five bedroom house with a gym is considered a small house. Mr. Pessolano replied that the human eye perceives it to be the same size as the other houses in the neighborhood that are larger, because the proposed house will be on a small property which will make it a good fit for the neighborhood. Questions from the Public: None Comments from the Public: Mr. Avnery of 123 Hickory Ave was sworn in. He state he drives past this house every day. The current house is in a hazardous position. It blocks the view from Cortlandt Place. He feels having the existing house removed and the new house built improving the setback, will make the intersection safer. Mr. Shefer of 121 Hickory Ave was sworn in. He stated he was at the meeting in September and feels the revised plans make more sense. He feels it is about time changes were made to that corner. Mr. Capizzi stated he will sum up at the December 2nd meeting so any board members who were not present will have the opportunity to ask questions before the vote. The matter was adjourned to be voted on at the December 2, 2024 meeting. Mr. Kominsky reminded the board that it is important to attend the monthly meetings. He also questioned if the board members present felt there was a need to call special meetings to accommodate scheduling issues with an applicant. Mr. Callahan stated he feels there is no need for special meetings unless there is an emergency that warrants it. He feels it is hard enough to get board members to attend a regular meeting. Ms. Farkas and Mr. Friedman agreed with Mr. Callahan. ADJOURNMENT: As there was no further business to come before the Board, a motion was made by Mr. Friedman and seconded by Mr. Callahan to adjourn the public meeting. A voice vote carried the motion, the meeting adjourned at 8:32 pm. Respectfully submitted, Sharon Peterson Board Secretary