Board approves contested F-variance for 73 Whitney Road after extended debate

The Millburn board on June 8 approved a D4 floor‑area (F) variance that allows a 297‑square‑foot second‑floor addition at 73 Whitney Road, after extended testimony from the applicant’s planner and a divided but sufficient roll‑call vote.

Planner testimony described the work as two small additions — a 5‑foot projection over an existing garage and a rear office/bathroom — totaling about 297 square feet added to the second floor. The planner argued the existing lot (about 10,625 sq ft) and roof-line adjustments would limit visibility and avoid triggering additional bulk variances. Several neighbors spoke in support, saying similar additions exist nearby and that the change would not be visually disruptive.

Board discussion focused on the numeric F calculation. The planner and applicants exchanged figures during testimony (transcript references included existing F percentages around 43.2% and proposed values near 46.4%), and some board members said those on‑paper increases risked creating a precedent that would effectively raise allowed density in the neighborhood. Other members accepted the planner’s site‑specific arguments — that the additions are minor, do not increase building footprint at grade and would remain compatible with nearby buildings — and the motion to approve carried with the votes required for D4 relief.

The board’s minutes record the motion and a roll‑call ‘‘yes’’ majority sufficient for D4 relief. The decision was framed narrowly to this site and application: members stressed that on‑paper F calculations matter to the board’s broader zoning program and said future, larger requests would receive closer scrutiny.