Minutes

Regular Meeting

Englewood Board of Adjustment

December 10, 2007

8:00 pm

Municipal Court  73 South Van Brunt Street

Members present: Ms. Bernstein, Mr. Fuld, Mr. Kelly (8:30), Mr. Maron, Mr.Sandor (8:25), Mr. Shafer (8:30), Ms. Byrne

Members absent: Mr. Small

Also present: Mr. Albert, Mrs. Evans, Mr. Rutherford

Meeting called to order at 8:15

Roll Call announcement of proper notice of meeting

Resolutions:

File#2007-13 Rollieson Family Five-Year Trust 274 West Forest Avenue
Motion to approve: Ms. Bernstein  Second: Mr. Maron
Passed by a vote of 4 yes (Byrne, Bernstein, Fuld, Maron)
                                0 no

File#2007-29 David Machlis, 298 Booth Avenue
Motion to approve: Mr. Fuld   Second: Ms. Bernstein
Passed by a vote of 4 yes (Byrne, Bernstein, Fuld, Maron)
                                0 no

File#2007-30 Jason and Carole Teigman 160 Lyman Place
Motion to approve: Ms. Bernstein  Second: Maron
Passed by a vote of 4 yes (Byrne, Bernstein, Fuld, Maron)

Announcements:

File#2007-22 Dwight Englewood School moved to January 31, 2008

File#2007-17 Bernstein Moved to January 31, 2008

Minutes of November 29,2007 meeting
Motion to approve: Mr. Fuld   Second: Mr. Shafer
Passed by a unanimous vote

Continued Applications:

File#2007-27 Kiho Kim, 223 South Dean Street
Nicholas Doria, attorney for the applicant addressed the board. Ken Albert, city engineer and planner was sworn in and gave testimony. The meeting was opened to the public. No one came forward. The public portion of the meeting was closed.

Motion to approve with the following, (but not limited to) conditions: Mr. Fuld
·          The employer agrees to have no more than 6 employees
·          The resolution will be recorded by the applicant in the county clerks office

 Second: Ms. Bernstein
Passed by a vote of 7 yes (Bernstein, Fuld, Kelly, Maron, Sandor, Shafer, Small, Byrne)
                                0 no

New Application:

File#2007-23 Fiber Tower Corporation, 350 Engle Street (Englewood Hospital)

Richard Schneider, attorney for the applicant addressed the board. He called David Jones to testify as the radio frequency engineer for the applicant.

Marked, as evidence was A-1 depiction of the height above the roofline.

The meeting was open to the public to question Mr. Jones. No one came forward. The public portion of the meeting to question Mr. Jones was then closed.

P. David Zimmerman was sworn in and gave testimony as the planner for the applicant. Marked, as evidence was A2-photographs.

The meeting was open to the public to question Mr. Zimmerman. No one came forward. The public portion of the meeting to question Mr. Zimmerman was then closed.

Mr. Jones was recalled and questioned by the board.

Ken Albert was sworn in and gave testimony s the city engineer and planner.
The meeting was open to the public to question Mr. Albert. No one came forward. The public portion of the meeting to question Mr. Albert was then closed.

Mr. Schneider then gave his summary. There was a board discussion.
Motion to approve: Ms. Bernstein   Second: Mr. Shafer
Passed by a vote of 7 yes (Bernstein, Fuld, Kelly, Maron, Sandor, Shafer, Byrne)
                                0 no

File#2007-20 M & R Development, 448 Westview Avenue
Jeffrey Kantowitz, attorney for the applicant addressed the board. He called Matthew Fox to testify as the engineer for the applicant.

Marked as evidence was A7-photo of existing 2 family home on the same street
                                        A8-photo of another existing home on the same street

The meeting was open to the public to question Mr. Fox. No one came forward. The public portion of the meeting to question Mr. Fox was then closed.

Mr. Kantowitz then called Mr. Danon to testify as the architect for the applicant. Marked, as evidence was A9-color rendering detailed by Mr. Danon.

The meeting was open to the public to question Mr. Danon. No one came forward. The public portion of the meeting to question Mr. Danon was then closed.

Ken Albert, city engineer and planner was sworn in and gave testimony. Mr. Kantowitz then cross-examined Mr. Albert.

Mr. Kantowitz gave his summary. There was a board discussion.

Motion to deny: Mr. Maron   Second: Mr. Fuld
Motion withdrawn by Mr. Maron with the consent of Mr. Fuld.

Motion to approve: Mr. Maron   Second: Ms. Bernstein
The vote was as follows:
4 yes (Bernstein, Kelly, Sandor, Shafer)
3 no   (Fuld, Maron, Byrne)
The motion to approve failed.

Motion to adjourn: Bernstein    Second:  Shafer
Meeting adjourned at 12:05 am.